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SCHOENVOGEL v. VENATOR GROUP RETAIL, INC.

1021932.

895 So.2d 225 (2004)

Andrea K. SCHOENVOGEL, a minor, who sues by and through her mother and next friend, Ava SCHOENVOGEL; and Ava Schoenvogel, individually v. VENATOR GROUP RETAIL, INC., d/b/a Lady Footlocker; and the estate of Anthony DaSilva, deceased.

Supreme Court of Alabama.

July 9, 2004.

Attorney(s) appearing for the Case

John W. Haley and Bruce J. McKee of Hare, Wynn, Newell & Newton, LLP, Birmingham; and Richard S. Jaffe and Stephen A. Strickland of Jaffe, Strickland & Drennan, P.C., Birmingham, for plaintiffs.

John J. Coleman, C. Paul Cavender, and Ashley H. Hattaway of Burr & Forman, LLP, Birmingham, for Venator Group Retail, Inc., d/b/a Lady Footlocker.

Peyton Lacy, Jr., Brian R. Bostick, and Christopher A. Mixon of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Birmingham, for the estate of Anthony DaSilva.

HARWOOD, Justice.

Pursuant to Rule 18, Ala. R.App. P., we accepted the following certified question from the United States District Court for the Northern District of Alabama:

"A. Relevant Facts "Plaintiff, Andrea Schoenvogel, was employed by defendant Venator Group Retail, Inc., d/b/a Lady Foot Locker at the Lady Foot Locker Store at the Riverchase Galleria in Birmingham, Alabama. She alleges that on August 2, 2000, she was raped by defendant...

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