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LAC v. Ward Parkway Shopping Center Co.

Missouri Supreme Court

75 S.W.3d 247 (2002)

Facts

Ward Parkway Shopping Center Company, L.P. and its affiliates (Ward) (defendants) owned a shopping mall for which IPC International Corporation (IPC) (defendant) provided security. IPC’s contract clearly expressed Ward’s expectation that IPC would further Ward’s desire to attract customers by providing them with a safe shopping experience. LAC (plaintiff), a minor, was shopping at the mall when a boy aggressively demanded sex. An IPC security guard ignored a request by a friend of LAC to intervene on LAC’s behalf. The boy subsequently raped LAC on mall property. Through her next friend, DC, LAC sued Ward and IPC. The trial court found that LAC was not an intended third-party beneficiary of the Ward-IPC contract and granted summary judgment for Ward and IPC. LAC appealed to the Missouri Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Price, J.)

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Dissent (Limbaugh, C.J.)

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