Folmar v. Marriott, Inc.

I dissent. The majority holds, as a matter of law, that no duty whatsoever exists on the part of an establishment containing a bar to protect its customers from assaults by others. Perhaps the majority would rule differently if the attack here had occurred inside of the building rather than outside. That question, of course, is for another day.

*90None of the authority cited in the majority’s opinion deals with altercations outside a bar. In my view, athletic events, fast food restaurants and grocery store parking lots are not analogous to hotel bars.

Comment f to § 344 of the Restatement deals…