Blackwell v. Abercrombie & Fitch Stores, Inc.

Summary

The court denied Abercrombie & Fitch Stores, Inc.’s motion to dismiss a negligence claim arising from the sexual assault of a minor customer by an intoxicated man in an Abercrombie dressing room. Applying Virginia law, the court held that allegations that employees observed, suspected, and then lost sight of a suspicious intoxicated visitor approaching a poorly secured dressing-room area plausibly established an imminent probability of harm.

Holdings

1. The amended complaint plausibly alleged an imminent probability of injury because Abercrombie's employees knew of a specific, unabated danger posed by Sink immediately before the assault.
2. The amended complaint stated a plausible claim for relief, and Abercrombie's motion to dismiss was denied.

Questions Presented

1. Whether the amended complaint plausibly alleged that Abercrombie had a duty under Virginia law to warn and protect Blackwell from Sink's criminal act because its employees had notice of an imminent probability of harm.
2. Whether the amended complaint stated a negligence claim sufficient to survive Abercrombie's Rule 12(b)(6) motion.

Disposition

other