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Norwood v. Simon Property Group, Inc.

New York Supreme Court, Appellate Division
200 A.D.3d 891 (2021)

Written by David Bloom, JD

Facts

Victor Norwood (plaintiff) was with a group of friends at a movie theater owned and operated by AMC Entertainment, Inc., and AMC Lowes Roosevelt Field 8 (collectively, AMC) (defendants). The movie theater was located at a shopping mall owned and operated by Simon Property Group, Inc. (Simon) (defendant). Norwood had an altercation with Eric C. Adams (defendant), a movie-theater manager employed by AMC. Norwood did not work for Simon. Adams’s job duties included security-related responsibilities such as maintaining order at the movie theater and ensuring the safety of guests and staff. The AMC employee handbook prohibited managers from using weapons while on duty at the premises. AMC’s guest service policy authorized managers to escort disruptive or potentially violent guests off the premises. During the altercation, Norwood insulted Adams. Adams then retrieved a pellet gun from his car and allegedly pointed the pellet gun at Norwood. Norwood sued Adams, AMC, and Simon for various torts. Norwood claimed that AMC and Simon were vicariously liable for Adams’s conduct. AMC and Simon separately moved for summary judgment. The trial court granted both AMC’s and Simon’s motions. Norwood appealed.

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