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Personal Injury
Premises Liability
Negligence, Lack of Adequate Safety Procedures and Precautions

Arlene Hill v. Mac’s Coins and Collectables, et al.

Published: Oct. 13, 2017 | Result Date: Jun. 16, 2017 | Filing Date: Aug. 5, 2014 |

Case number: 2014-1-CV-268944 Summary Judgment –  Defense

Judge

James L. Stoelker

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

Anthony F. Pinelli
(Williams, Pinelli & Cullen LLP)

Gina D. Huettel
(Williams, Pinelli & Cullen LLP)


Defendant

Charles H. Horn
(Freeman, Mathis & Gary LLP)

Jerome P. Bellotti


Facts

Arlene Hill sued Mac's Coins and Collectables, Dallas Isaksen, Martin Kasik, Sharon Kasik, and Arrow Realty, in connection with an incident that allegedly occurred on Aug. 8, 2012.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff was working for Mac's Coins when a robbery occurred. Plaintiff was allegedly threatened with a weapon, assaulted, and restrained for a long period of time while the perpetrators robbed the store. Plaintiff sued defendants for negligently failing to have adequate safety procedures and precautions in place. Plaintiff alleged causes of action for premises liability and negligence.

DEFENDANTS' CONTENTIONS: Defendants Mac and Isaaksen disputed plaintiff's allegations, asserting that plaintiff failed to establish any duty to protect her from a robbery by providing additional personnel, installing security camera or mirror and buzzer system and/or trimming of bushes. The Kasik defendants and Arrow also denied any liability, claiming they had no duty to protect plaintiff against the unforeseeable criminal activities of third parties.

Defendants moved for summary judgment for failure to state a claim for relief.

Result

The court previously granted Mac and Isaksen's summary judgment motion. Ultimately, it also granted the Kasik defendants' motion for summary judgment.

Other Information

Judge James L. Stoelker granted Mac Coin's motion for summary judgment. Judge Mary E. Arand granted the Kasiks and Arrow Realty's motion for summary judgment.


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