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Mitchell v. Archibald & Kendall, Inc.

United States Court of Appeals for the Seventh Circuit
573 F.2d 429 (7th Cir. 1978)


Facts

Lawrence Mitchell (plaintiff) drove a truckload of goods for delivery to Archibald & Kendall, Inc.’s (A & K) (defendant) warehouse. The loading dock was full when Mitchell arrived so A & K employees directed him to wait on a nearby public street. The employees knew or should have known about various criminal acts on the street that had recently occurred, but did not warn Mitchell. While Mitchell was waiting on the street, two men attempted to rob him in his truck and eventually shot him in the face. Mitchell brought suit against A & K, alleging that A & K owed him a duty to protect him against the criminal behavior on the street adjacent to its property. The district court dismissed the complaint for failing to state a claim upon which relief could be granted. Mitchell appealed, claiming that there was a question of fact as to whether the robbery took place on A & K’s premises.

Rule of Law

Issue

Holding and Reasoning (Pell, J.)

Dissent (Fairchild, C.J.)

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