The Appellate Division has reversed a lower court finding of negligence against the Hudson Valley Mall, in the late night stabbing death of a Ground Round restaurant manager.
The attack occurred when Ground Round manager Sharon Inger was closing the restaurant on June 4, 2006. A disgruntled co-worker returned to the restaurant and stabbed Inger 33 times resulting in her death. Plaintiff alleged that the mall was negligent in failing to take and have appropriate security measures in place at the mall. After a lower court finding of negligence against the mall, the Appellate Division reversed finding that the mall took adequate security measures. The court concluded that the mall was not obligated to have security cameras outside the restaurant and had no duty to police the restaurant's interior.
This Appellate Court decision is notwithstanding a history of criminal activity at the mall, including an incident one year prior when a gunman opened fire at the mall with an assault rifle. Has justice been served? Post your comment today.
Long Island Lawyer
Paul A. Lauto, Esq.