Opinion

Morgan v. Southland Associates

  • 65 O.B.A.J. 3395
  • 883 P.2d 205
  • 1994 OK CIV APP 136
  • 1994 Okla. Civ. App. LEXIS 115
  • 1994 WL 568665
Court
Court of Civil Appeals of Oklahoma
Filed
Sep 13, 1994
Status
Published
Author
Garrett
On the bench
Garrett, Hansen, Jones
Cited by
3 cases

holding plaintiff’s factual allegations that mall security personnel were aw are assailants had disturbed other mall patrons before attacking plaintiff, and possibly witnessed the attack, prevented dismissal of negligence claim against mall owner

How later courts described this case

  • holding plaintiff’s factual allegations that mall security personnel were aw are assailants had disturbed other mall patrons before attacking plaintiff, and possibly witnessed the attack, prevented dismissal of negligence claim against mall owner
  • reversing dismissal of petition that included claims of negligent training

Written by the judges who cited it.

The opinion

GARRETT, Vice Chief Judge,

concurring:

I concur. The trial court, in my view, erroneously sustained a motion to dismiss. Whether Appellant’s case will withstand a proper motion for summary judgment, after discovery, is not before this Court to decide.

JONES, Judge

concurring specially:

I read the petition’s averment “that the guards stood by” to be sufficient to allege the guards saw the assault in progress and did nothing which is a sufficient allegation to survive a motion to dismiss. I am authorized to state that GARRETT, V.C.J. concurs in this view.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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