Legal Opinion

Rose v. Cadillac Fairview Shopping Center Properties (Delaware) Inc.

Superior Court of Delaware

Decided August 16, 1995No. Civ. A. 94C-03-024PublishedCited by 16 opinions

1Opinion of the Court

OPINION & ORDER

TERRY, Resident Judge.

This is a personal injury action in which plaintiff, Jane L. Rose * , was abducted from the Dover Mall parking lot and raped. Plaintiff alleges that the defendants who are the owners and managers of the Dover Mall, the security company employed by the mall and the employer (“Sears”), were negligent in failing to provide adequate security in the parking lot. Before the Court is defendant Sears’ Motion to Dismiss plaintiffs Complaint based on Superior Court Civil Rule 12(b)(6) for failure to state a claim upon which relief can be granted.

FACTS

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2Cases cited27 opinions

  1. Ebersole v. LowengrubSupreme Court of Delaware · 1962
  2. Burkhart v. DaviesSupreme Court of Delaware · 1991
  3. Histed v. E.I. Du Pont De Nemours & Co.Supreme Court of Delaware · 1993
  4. Realty Growth Investors v. Council of Unit OwnersSupreme Court of Delaware · 1982
  5. Livingstone v. Abraham & Straus, Inc.Supreme Court of New Jersey · 1988

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3Cited by16 opinions

  1. Bailey v. BatchelderSupreme Court of Iowa · 1998
  2. Brunell v. Wildwood Crest Police DepartmentSupreme Court of New Jersey · 2003
  3. Konstantopoulos v. Westvaco Corp.Supreme Court of Delaware · 1996
  4. Stevens v. StateSuperior Court of Delaware · 2002
  5. Tickles v. PNC BankSupreme Court of Delaware · 1997

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