L.B. v. Naked Truth III, Inc.

Although I initially agreed with the majority’s decision to reverse the jury’s verdict in favor of the defendant, The Naked Truth, III, Inc. (“the store”), upon further reflection, I believe we erred. I would, therefore, grant rehearing and affirm the jury’s verdict.

The evidence introduced at trial is as follows. L.B., a sales clerk employed by the store, was working the “graveyard shift” on the night of December 25, 2007, when a man, who was later identified as Jose McCray (“the assailant”), entered the store, robbed L.B. at gunpoint, and raped her. It is undisputed that the establishment is…