McClung v. Delta Square Ltd. Partnership

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.