MUNN v. HARDEE'S FOOD SYSTEMS, INC.

21202

274 S.C. 529 (1980)

266 S.E.2d 414

William C. MUNN, Administrator of the Estate of William Gary Munn, Respondent, v. HARDEE'S FOOD SYSTEMS, INC., Spartan Food Systems, Inc., Spartan Food Systems, Inc. and Ken Gamble, Appellants.

Supreme Court of South Carolina.

April 22, 1980.


Attorney(s) appearing for the Case

William M. Wilson, Camden and Louis P. Howell, Spartanburg, for appellants.

J. Clator Arrants and William S. Tetterton, Camden, for respondent.


April 22, 1980.

Per Curiam:

The key question in this appeal is the duty of a storeowner to protect its customers against the criminal acts of third persons. We hold the lower court erred by refusing to grant appellant's motions for judgment non obstante veredicto and reverse.

At approximately 11:00 p. m. on August 23, 1976 while Hardee's was in the midst of closing, Gary Munn became involved in a fisticuffs with one other individual....

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