Burns v. Johnson

In this appeal, the sole question is whether an invitee presented sufficient evidence to establish a duty upon the owner of land to protect the invitee from the criminal act of a third person committed while the invitee was upon the premises. We answer that question in the negative.

Appellee Tuwanna E. Johnson filed a motion for judgment against appellant James P. Burns, Jr., trading as South Norfolk Amoco, seeking damages for negligently inflicted personal injuries sustained when she was abducted from defendant’s premises and raped. In a May 1994 trial, after the court overruled defendant’s…