Shelkett ex rel. Shelkett v. Hardee's Food Systems, Inc.

MEMORANDUM OPINION

ADAMS, Presiding Judge:

This action arises from an incident in which Eugene B. Shelkett, III (Shelkett), a minor, was injured as the result of an unprovoked assault by two other minors while Shelkett was attempting to place an order at a Hardee’s Food Systems, Inc. (Hardee’s) restaurant. Shelkett appeals a trial court order granting summary adjudication in favor of Hardee's, arguing the evidence, viewed in a light most favorable to him, raises a jury question concerning whether Hardee’s owed him a duty as a business invitee to use ordinary care to protect him against…