McCLUNG v. DELTA SQUARE LTD. PARTNERSHIP


937 S.W.2d 891 (1996)

Roger L. McCLUNG, Individually and on behalf of his Minor Children, Bridget L. McClung, Kyle L. McClung, and Benjamin L. McClung, Plaintiff/Appellant, v. DELTA SQUARE LIMITED PARTNERSHIP, a North Carolina Limited Partnership, Delta Square G.P., Inc., a North Carolina Corporation, Samuel M. Longiotti, and Wal-Mart Stores, Inc., a Delaware Corporation, Defendants/Appellees.

Supreme Court of Tennessee, at Jackson.

October 28, 1996.


Attorney(s) appearing for the Case

Bruce S. Kramer, Melissa R. Magee, Borod & Kramer, Memphis, for Appellant.

Tom Nelson National Victim Center, Arlington, VA, Jeffrey R. White, Association of Trial Lawyers of America, Washington, D.C., John H. Stein, National Organization for Victim Assistance, Washington, D.C., Tracy Shaw, Alice Margaret Essary, International Mass Retail Association, Nashville, Kenneth R. Shuttleworth, Archie Sanders, III, Tennessee Defense Lawyers Association, R. Sadler Bailey, Tennessee Trial Lawyers Association, Memphis, Mary Ann Parker, Trial Lawyers for Public Justice, P.C. Nashville, Leslie Bruechner, Trial Lawyers for Public Justice, P.C. Washington, D.C., Jane Nady Burnley, Victims' Assistance Legal Organization, Inc., McLean, VA, for Amicus Curiae.

John D. Richardson, Kevin Combs, The Richardson Law Firm, Memphis, for Appellee Delta Square Limited Partnership, Delta Square G.P., Inc., and Samuel M. Longiotti.

W.O. Luckett, Jr., Rossie, Luckett, Parker & Laughlin, Memphis, for Appellee Wal-Mart Stores, Inc.


OPINION

WHITE, Justice.

This case presents the question of the continued viability of Cornpropst v. Sloan, 528 S.W.2d 188 (Tenn. 1975), in which this Court strictly limited the duty of care owed by owners and occupiers of business property to customers. Here, plaintiff's wife, a customer at a shopping center, was abducted from the parking lot, and later raped and murdered. Plaintiff sought recovery against defendants...

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