Quimbee logo
DMCA.com Protection Status

McClung v. Delta Square Ltd. Partnership

937 S.W.2d 891 (1996)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

McClung v. Delta Square Ltd. Partnership

Tennessee Supreme Court

937 S.W.2d 891 (1996)

Facts

Dorothy McClung went shopping at a Wal-Mart in a shopping center owned by Delta Square Ltd. Partnership (collectively, the business owners) (defendants). Dorothy was returning to her car in the Wal-Mart parking lot when she was abducted at gunpoint, raped, and killed by Joseph Harper. Dorothy’s husband (plaintiff) sued the business owners for negligence in failing to provide appropriate security measures. Dorothy’s husband submitted police records indicating that the parking lot was in a high-crime area: in the 16 months preceding Dorothy’s death, 164 criminal incidents occurred in or near the parking lot, including a bomb threat, 14 burglaries, 10 robberies, 36 auto thefts, 90 larcenies, and one attempted kidnapping in the adjacent parking lot. The Wal-Mart manager testified that he would only place merchandise of very low value outside the store for sidewalk sales because of the likelihood that it would be stolen. Dorothy’s husband also pointed to the security measures at nearby businesses as well as the greater security measures at other Wal-Mart locations. The business owners claimed that adding security was cost prohibitive and would not have prevented Dorothy’s abduction. The trial court granted the business owners’ motion for summary judgment, the appellate court affirmed, and Dorothy’s husband appealed.

Rule of Law

Issue

Holding and Reasoning (White, 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 604,000 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 604,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 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 604,000 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
  • 33,800 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