Carroll v. Shoney's, Inc.

775 So. 2d 753 (2000)

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Carroll v. Shoney’s, Inc.

Alabama Supreme Court
775 So. 2d 753 (2000)

  • Written by Haley Gintis, JD

Facts

Mildred K. Harris (Mildred) was employed at Captain D’s Restaurant, owned by Shoney’s Inc. (the restaurant) (defendant). On September 22, 1995, Mildred was working with Adrian Edwards, who was the restaurant’s relief manager. Mildred informed Edwards that she had been previously beaten by her husband, Ronnie Harris (Ronnie). Mildred requested that Edwards contact the police if Ronnie came to the restaurant. Ronnie arrived at the restaurant around 10:00 p.m. and began threatening Mildred. Edwards called the police. The police arrived and detained Ronnie. Ronnie was released after the police were informed that the restaurant was not going to press charges. The following day, Edwards told Rhonda Jones, who was the restaurant’s manager, about the incident. Mildred then called Jones to ask whether she could skip her shift because she was afraid Ronnie might come to the restaurant again. Mildred had made similar requests throughout her employment. Jones denied Mildred’s request. Mildred arrived for her shift that evening. While Mildred was working, Ronnie came into the restaurant and fatally shot Mildred. Mildred’s father, Willie Gene Carroll (plaintiff) filed a wrongful-death suit against the restaurant. In preparation for trial, Carroll was deposed and stated that he had no reason to believe that Ronnie would shoot Mildred. The trial court entered summary judgment in favor of the restaurant on the ground that the restaurant had no duty to protect Mildred from Ronnie. The matter was appealed.

Rule of Law

Issue

Holding and Reasoning (Maddox, J.)

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