Estate of Desir v. Vertus

In this appeal we consider whether the tragic shooting death of an individual by a criminal fleeing from a business gives rise to a cause of action sounding in tort on behalf of the decedent’s estate against the owner of the business premises.

The representatives of the decedent’s estate assert that it was the owner’s acts of leaving the premises in response to his belief that “something” was wrong and of asking decedent for assistance that eventually led to the decedent’s shooting death when he went to investigate. They contend that in these circumstances, the business owner owed their…