# Morgan v. Southland Associates

> Court of Civil Appeals of Oklahoma · September 13, 1994 · 65 O.B.A.J. 3395

URL: https://www.frixlaw.com/law-library/cases/5165480

## Case

- **Full name:** Donald MORGAN v. SOUTHLAND ASSOCIATES, an Oklahoma General Partnership, Appellee Mary Lou LEMIEUX v. SOUTHLAND ASSOCIATES, an Oklahoma General Partnership
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** September 13, 1994
- **Citations:** 65 O.B.A.J. 3395; 883 P.2d 205; 1994 OK CIV APP 136; 1994 Okla. Civ. App. LEXIS 115; 1994 WL 568665
- **Precedential status:** Published
- **Opinion:** Concurrence by Garrett
- **Judges:** Garrett, Hansen, Jones
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5165480

## How later opinions describe it (automated extraction)

- 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
- holding plaintiff's factual allegations that mall security personnel were aware 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5165480. Public record. Not legal advice.