Quimbee logo
DMCA.com Protection Status

Kaechele v. Kenyon Oil Co.

747 A.2d 167 (2000)

Case BriefRelatedOptions
From our private database of 28,700+ case briefs...

Kaechele v. Kenyon Oil Co.

Maine Supreme Judicial Court

747 A.2d 167 (2000)

Facts

Kenyon Oil Company, Inc. (Kenyon) (defendant) operated a convenience store called Xtra Mart that had a history of needing police help for store incidents. Albert Kaechele (plaintiff) went to Xtra Mart to buy a lottery ticket and visit his wife, who was working as a clerk there. The only other Xtra Mart employee present was another clerk. A customer became agitated and physical when Kaechele’s wife and the other clerk refused to sell cigarettes to the customer. The customer eventually struck Kaechele in the face, causing serious injuries. Kaechele sued Kenyon, arguing that Kenyon was negligent because it had failed to take steps to protect its customers from a known risk of violence. One element of the negligence claim was that Kenyon knew or should have known about the danger at its Xtra Mart facility. To prove this element, Kaechele asked to present evidence about prior calls that Xtra Mart had made to the police in which Xtra Mart reported incidents at the facility. The trial court determined that some of the proposed evidence had a danger of unfair prejudice that substantially outweighed its probative or helpful value and excluded that evidence. For example, the court excluded evidence that a prior assault at Xtra Mart had caused serious injuries. The court also excluded a list that set out all the reasons that Xtra Mart had previously called the police. However, the trial court did admit evidence that (1) Xtra Mart called the police often, (2) Xtra Mart was one of the most frequent sources of police calls in the area, (3) many of the calls were about violent matters, and (4) not all the calls were about violent matters. The jury found that Xtra Mart and Kenyon were both negligent and awarded Kaechele $168,000 in damages. Kenyon appealed.

Rule of Law

Issue

Holding and Reasoning (Saufley, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 546,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 546,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,700 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership