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NIVENS v. 7-11 HOAGY'S CORNER

No. 18128-2-II.

920 P.2d 241 (1996)

83 Wash.App. 33

Ken NIVENS, Appellant/Cross-Respondent, v. 7-11 HOAGY'S CORNER, and Southland Corporation, Respondents/Cross-Appellants.

Court of Appeals of Washington, Division 2.

August 9, 1996.

Attorney(s) appearing for the Case

Samuel Heywood Pemberton, Tacoma, for Appellant.

John Clifford Moore, Bonneville Viert Morton & McGoldrick, Tacoma, for Respondents.

MORGAN, Judge.

Ken Nivens filed this personal injury action, alleging he was assaulted by loiterers in the parking lot of a 7-Eleven store.1 The trial court entered a judgment of dismissal, which we affirm.

Between 9:30 and 10:00 p.m. on December 26, 1988, Nivens drove to the 7-Eleven store at 40th and Bridgeport Way for the purpose of making a purchase. About a dozen teenagers were in the parking lot, "talking in little crowds...

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