Brian Wooten and Tamra Wooten v. Alimentation Couche-Tard, Inc. and Circle K Stores, Inc.

Summary

The United States District Court for the Eastern District of Tennessee granted Circle K Stores, Inc.’s motion for judgment on the pleadings in a negligence and loss-of-consortium action arising from an alleged customer assault at a Circle K store. The court held that the plaintiffs did not plausibly allege that Circle K owed Brian Wooten a duty of care because the assault was not adequately alleged to have been reasonably foreseeable, and dismissed the claims without prejudice.

Holdings

1. Plaintiffs failed to plausibly allege that Circle K owed Wooten a duty of care because they alleged no facts showing that Circle K knew or had reason to know that the assault was reasonably foreseeable.
2. Circle K was entitled to judgment on the pleadings because Plaintiffs' complaint did not state a plausible negligence claim, and the derivative loss-of-consortium claim also failed.

Questions Presented

1. Whether Plaintiffs plausibly alleged that Circle K owed Brian Wooten a duty of care to protect him from the criminal assault by another customer.
2. Whether Circle K was entitled to judgment on the pleadings on Plaintiffs' negligence and loss-of-consortium claims.

Disposition

dismissed