RHUDY v. BOTTLECAPS INC.

No. 17,2003, 18,2003.

830 A.2d 402 (2003)

Gary L. RHUDY, as Personal Representative of the Estate of Denise L. Rhudy, Deceased, and as Guardian and Next Friend of Gary E. Rhudy, Eva Rhudy, Morgan Rhudy, and Madison Rhudy, Minors; and Stephanie Kureck, Plaintiffs Below, Appellants, v. BOTTLECAPS INC., a Delaware Corporation d/b/a Bottlecaps Bar & Restaurant, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: August 25, 2003.


Attorney(s) appearing for the Case

Carolyn M. McNeice, Esquire, and James D. Nutter, Esquire (argued), of Carolyn M. McNeice, P.A., Wilmington, Delaware, for Appellants.

Roger D. Landon, Esquire, and Chase T. Brockstedt, Esquire (argued), of Murphy Spadaro & Landon, Wilmington, Delaware, for Appellees.

Before VEASEY, Chief Justice, HOLLAND, BERGER, STEELE and JACOBS, Justices, constituting the Court en Banc.


VEASEY, Chief Justice.

In this appeal, we hold that a bar owner did not owe a duty either to warn or protect its patrons from criminal acts that occurred on another landowner's property. The bar patrons in this case were the victims of a robbery and murder that occurred when they parked their car in a public lot behind the bar. Although the bar management was aware of crime in the area, they encouraged prospective patrons...

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