St. Phillips v. O'DONNELL

Plaintiff, Edward St. Phillips, appeals from an order granting summary judgment for defendant, Allan Wasicki Enterprises, Inc., d/ b/a T. McGee’s.

The sole issue presented on appeal is whether defendant, as the lessee-operator of a tavern located in a shopping center, owes a duty under the facts here to protect a patron, plaintiff, who has left the tavern premises, from the negligent or intentional harmful acts caused by a third person where defendant is placed on notice of the violent propensities of the third person and the assault upon plaintiff occurs on the common area of the shopping…