Garner v. McGinty

JONES, Justice.

This appeal arose from a personal injury suit. Darrow Garner, appellant, sued Darlene McGinty d/b/a Hair Naturally, appel-lee, alleging negligence in failing to protect him against the criminal attack of a third person while Gamer was at her business. At trial, after Gamer presented his evidence, the court granted an instructed verdict that Gamer take nothing. We will affirm the judgment.

The trial court granted McGinty’s motion for instructed verdict on the basis that Gamer failed to present any evidence establishing: (1) that McGinty owed a duty to Gamer to protect him against…