John D. Cooney recently obtained summary judgment in favor of a WWBH client who owned a business in Kansas City and was sued in a wrongful death action filed in Jackson County Circuit Court in which the Plaintiff was seeking over $1,000,000. A high school graduation party was being held in the parking lot of the WWBH client’s business. An attendee left the party and was followed by an unknown criminal assailant into a nearby neighborhood. The unknown criminal assailant shot and killed the attendee and fled the scene. A wrongful death lawsuit was filed against the WWBH client alleging that it should not have permitted the graduation party to be held in the parking lot, as it was foreseeable that a violent incident could occur. John filed a Motion for Summary Judgment asserting that the criminal act was not foreseeable under the law, and that a business owner cannot be liable for the criminal acts of a third party under the circumstances in the case. The Court adopted John’s argument that the business owed no duty to protect against an off premises shooting by an unknown criminal assailant and entered judgment for the WWBH client less than a week before the jury trial was to begin.
