SMITHERMAN v. McCAFFERTY

1920081.

622 So.2d 322 (1993)

Keith SMITHERMAN and Pamela Smitherman v. Brandon McCAFFERTY.

Supreme Court of Alabama.

June 4, 1993.


Attorney(s) appearing for the Case

Randy D. Whitten of Higginbotham, Whitten & McCutcheon, Florence, for appellants.

Ralph M. Young of Gonce, Young & Westbrook, Florence, for appellee.


MADDOX, Justice.

This appeal presents an issue of first impression: Can an employee of a grocery store maintain a negligence action against a shoplifter for injuries allegedly sustained in a struggle to apprehend the fleeing shoplifter?

The trial court held that the shoplifter (defendant) did not owe a duty to the storekeeper (plaintiff) and entered a summary judgment for the defendant. We hold that the plaintiff has shown sufficient evidence to establish...

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