Nivens v. 7-11 Hoagy's Corner

Ken Nivens filed this personal injury action, alleging he was assaulted by loiterers in the parking lot of a 7-11 store. The trial court entered a judgment of dismissal, which we affirm.

Between 9:30 and 10:00 p.m. on December 26, 1988, Niv-ens drove to the 7-11 store at 40th and Bridgeport Way for the purpose of making a purchase. About a dozen teenagers were in the parking lot, "talking in little crowds" and "just messing around, kidding with each other.” They had been there about an hour, and there was no security guard on the premises.

As Nivens parked and got out of his car, a male…