On November 4, 2016 King County Superior Court Judge Veronica Galvan granted Summary Judgment in favor of a Landlord in a wrongful death claim filed by the estates of two Plaintiffs for fatal shootings that occurred in the parking lot of a strip mall in Auburn, Washington in 2013. The Plaintiffs’ claim was the Landlord owed a duty to the patrons of a leased bar in the strip mall to provide security guards in the parking lot to prevent violent criminal behavior of third parties. On behalf of the strip mall’s Landlord, POG attorneys argued that in order for a duty to exist, the criminal actions of third party shooters needed to be foreseeable to the Landlord. Plaintiffs presented prior bad acts that had occurred at the strip mall and leased bar (e.g., assaults, thefts, property damage) made the fatal shootings foreseeable to the Landlord which created a duty owned Plaintiffs . There had been no reported prior shootings, brandishing of guns, or deadly violence in common areas of the strip mall, including the parking lot, before this fatal shooting incident. Judge Galvan agreed with POG’s attorneys and found no duty was owed by the Landlord and that the criminal actions of the shooters were not foreseeable. Summary judgment was granted.
POG Attorneys Lori O’Tool and Debra Dickerson Obtain Summary Judgment for Landlord in Wrongful Death Case
November 7th, 2016|News|