STRATIOTI v. BICK

No. 82-1313.

704 F.2d 1052 (1983)

Lorry STRATIOTI, Father and Natural Guardian of Denise Christine Stratioti and Lorry Stratioti, Denise Christine Stratioti, Scott Steven Stratioti, all by Lorry Stratioti, Trustee for the Heirs of Shirley Ann Stratioti, deceased, Appellees, v. Stephen R. BICK, Special Administrator of the Estate of William C. Lange, Mary Sue Lange, Zayre's Shopper's City, Inc., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1983.

Rehearing and Rehearing Denied June 1, 1983.


Attorney(s) appearing for the Case

Robert C. Huseby of Larson, Holmstrom, Huseby & Brodin, Ltd., Duluth, Minn., for appellees.

Timothy N. Downs of MacDonald, Munger & Downs, Duluth, Minn., for appellee Lorry Stratioti, father and natural guardian of Denise Christine Stratioti.

William P. O'Brien of Hanft, Fride, O'Brien & Harries, P.A., Duluth, Minn., for appellant.

Before ROSS and FAGG, Circuit Judges, and BEAM, District Judge.


Rehearing and Rehearing En Banc Denied June 1, 1983.

FAGG, Circuit Judge.

Shirley Stratioti was killed and Denise Stratioti was injured when they were hit by a runaway automobile while walking in a shopping center parking lot. In this appeal we consider whether the owner of the parking lot, as a matter of Minnesota law, had a duty to protect against this accident. Because we believe that the accident was not foreseeable, we hold that no such duty existed....

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