Linthicum v. The General Store No. 2

Linthicum v. The General Store No. 2, Inc., d/b/a Marsh’s Sunfresh Market

Circuit Court of Jackson County, Missouri, Docket #: 04CV220482

Judge: Kelly Moorhouse, Division 9

Ryan E. Karaim, attorney for defendant The General Store No. 2, Inc.

Type of Claim: Premise liability. Plaintiff, male age 25, was assaulted in defendant’s parking lot at 11:00 at night by a group of six unknown assailants. Plaintiff was beaten and kicked in the face. Defendant’s security guard was inside the store at the time of the assault. Plaintiff brought suit for inadequate security citing evidence of eleven nighttime parking lot crimes in the last fourteen months The attackers became nervous and ran away taking nothing from plaintiff.

Damages Alleged: Fractures of the face and bruising ($22,000 medical expenses).

Plaintiff’s Experts: Videotape deposition of B. Todd Moore, M.D.

Defendant’s Experts: Hugh Mills, Jr. (security expert).

Demand Before Trial: $75,000.

Offer Before Trial: None.

Verdict: For defendant.