Munn Ex Rel. Estate of Munn v. Hardee's Food Systems, Inc.

The key question in this appeal is the duty of a store-owner to protect its customers against the criminal acts of third persons. We hold the lower court erred by refusing to grant appellant’s motions for judgment non obstante veredicto and reverse.

At approximately 11:00 p. m. on August 23, 1976 while Hardee’s was in the midst of closing, Gary Munn became involved in a fisticuffs with one other individual. The incident occurred outside of the appellant’s restaurant, but on its premises. During the short fracas, Mr. Munn’s opponent resorted to a knife and fatally injured him. Thereafter, Mr.…