Seibert v. Vic Regnier Builders, Inc.

The opinion of the court was delivered by

McFarland, J.:

This is a premises liability action brought by a woman who was shot in the parking lot of a shopping center in an armed robbery by an unknown assailant. Liability is sought to be imposed upon the owner of the shopping center on the basis of negligence in not providing security for the area. The district court, utilizing the “prior similar incidents” rule of foreseeability, entered summary judgment in favor of the defendant. The plaintiff appeals therefrom.

Preliminarily, some rules relating to the granting of summary judgment in a…