Circle K Corp. v. Rosenthal

OPINION

RICHMOND, Judge.

Morris Rosenthal, a clerk working in the Circle K store at Grant Road and Campbell Avenue in Tucson, was shot by an armed robber a few minutes after midnight on July 1, 1974. He commenced an action for his injuries against his employer, alleging that Circle K negligently failed to provide him a reasonably safe place to work. In its answer Circle K raised the defense that *66Rosenthal’s sole remedy lay under the Workmen’s Compensation Act, and that issue was severed for trial, which resulted in a judgment in favor of Rosenthal. A second trial on Rosenthal’s amended…