Kroger Co. v. Knox

Summary

The Mississippi Supreme Court held that Kroger was not liable for injuries sustained when a customer was assaulted and robbed in its parking lot. The court concluded that evidence of four purse-related incidents over three years was insufficient to establish that Kroger knew or should have known of an atmosphere of violence on the premises. Because Kroger had no duty to provide an armed parking-lot guard under those circumstances, the court reversed and rendered judgment for Kroger.

Holdings

1. A premises owner has no duty to provide an armed guard to protect customers from an assault when the plaintiff fails to present sufficient evidence that the owner had actual or constructive knowledge of an atmosphere of violence on the premises.
2. The evidence was insufficient as a matter of law to establish that Robinson's attack was a foreseeable consequence of Kroger's failure to place an armed guard in the parking lot.
3. The trial court erred by allowing the negligence claim to go to the jury because the evidence was legally insufficient to establish Kroger's duty or the foreseeability of the attack; judgment must be reversed and rendered for Kroger.

Questions Presented

1. Whether the evidence was legally sufficient to support a finding that Kroger knew or should have known of an atmosphere of violence in its parking lot.
2. Whether Kroger owed Knox a duty to place an armed security guard in its parking lot.
3. Whether the trial court erred by denying Kroger's motion for directed verdict or judgment notwithstanding the verdict.

Disposition

reversed