2016 Ohio 3280
Ohio Ct. App.2016Background
- On July 21, 2013, Traci McLaughlin was assaulted inside a Speedway convenience store and her vehicle was stolen by a third party (William Teague); she suffered physical injury and anxiety.
- Mrs. McLaughlin was a regular customer and business invitee at the Massillon Speedway store; one employee was present during the incident and called 911.
- Plaintiffs (Traci and Randall McLaughlin) sued Speedway, LLC for premises liability, negligence, and loss of consortium, alleging Speedway failed to protect Mrs. McLaughlin from foreseeable criminal conduct.
- Speedway moved for summary judgment; the trial court granted the motion on the ground Speedway owed no duty to protect against the unanticipated criminal act.
- On appeal, the sole issue was whether under the totality-of-the-circumstances test Speedway should have foreseen the violent assault and therefore had a duty to protect invitees.
- Relevant evidence included a police call log showing prior nonviolent calls and a June 23, 2013 armed robbery at the store (no testimony that customers or employees were assaulted in that earlier robbery).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Speedway owed a duty to protect invitees from third‑party criminal acts | The robbery/police calls and local conditions made violent crime foreseeable; Speedway should have foreseen the July 21 assault | No duty because past incidents were nonviolent or dissimilar and there was no notice that violent assaults on customers were likely | No duty existed; summary judgment for Speedway affirmed |
Key Cases Cited
- Menifee v. Ohio Welding Prod., 15 Ohio St.3d 75 (Ohio 1984) (elements of negligence and duty analysis)
- Simpson v. Big Bear Stores Co., 73 Ohio St.3d 130 (Ohio 1995) (business invitee rule and foreseeability of third‑party criminal acts)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (summary judgment burden of the moving party)
- Mitseff v. Wheeler, 38 Ohio St.3d 112 (Ohio 1988) (reciprocal burden of the nonmoving party in summary judgment)
- Krause v. Spartan Stores, Inc., 158 Ohio App.3d 304 (Ohio Ct. App.) (police reports are problematic as standalone summary‑judgment evidence)