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MORRIS v. KRAUSZER'S FOOD STORES, INC.

300 N.J. Super. 529 (1997)

ROBERT P. MORRIS, INDIVIDUALLY AND AS GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF AILEEN D. MORRIS, DECEASED, AND AS GUARDIAN AD LITEM OF ROBERT PETER MORRIS, JR., RENEE PATRICIA MORRIS, BEVERLY DOROTHY MORRIS, YVETTE MARGARET MORRIS, ROBYN PEARL MORRIS, SHAWN EDGAR DONELSON, AND DOUGLAS HECTOR DONELSON, INFANTS, PLAINTIFF-RESPONDENT, v. KRAUSZER'S FOOD STORES, INC., KRAUSZER'S REALTY CO., INC., KRAUSZER'S DAIRY, INC., GARDEN STATE FARMS, MIRONOV BROTHERS, A N.J. PARTNERSHIP, COVERED BRIDGE, INC., JOHN DOES 1 THROUGH 5, AND JOHN DOES, INC., 1 THROUGH 5, DEFENDANTS, AND CONVENIENCE MANAGEMENT SERVICES, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 9, 1997.

Attorney(s) appearing for the Case

Paul A. Lisovicz argued the cause for appellant (McElroy, Deutsch & Mulvaney, attorneys; Mr. Lisovicz, on the brief).

Ronald B. Grayzel argued the cause for respondent (Levinson, Axelrod, Wheaton & Grayzel, attorneys; Laura M. LeWinn, on the brief).

Before Judges PRESSLER, HUMPHREYS and WECKER.

The opinion of the court was delivered by HUMPHREYS, J.A.D.

Aileen Morris, a mother of nine children, was shot to death by a robber in 1989 while working as a clerk at a Krauszer's convenience store. The store was owned by defendant Convenience Management Services, Inc. ("CMSI") and operated by Dairy Stores. The jury returned a verdict against CMSI.

CMSI appeals, contending: (1) it had no duty under the facts to protect the decedent against the criminal acts...

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