Credit: sirtravelalot/Shutterstock Lawsuit Over Customer's Off-Premises Assault Allowed to Proceed Against Convenience Store
"The question of whether Mac's Convenience ultimately bears liability for the off-premises assault in this case will be answered not through the duty prong of the negligence analysis," said Levy, "but under the fact-based inquiry of whether Castonguay can demonstrate that the duty was breached and that the breach was a proximate cause of Castonguay's injuries."
August 16, 2022 at 01:26 PM
4 minute read
The U.S. District Court for the District of Maine denied Mac's Convenience Stores' motion for judgment on the pleadings on the question of whether the store bears liability for the off-premises shooting of a customer who had left the store's property, according to the opinion issued in the case.
A 17-year-old man was seriously injured after being assaulted at Mac's Convenience Store in Caribou, Maine. According to the opinion, Derek Castonguay stopped at Mac's for snack foods on Jan. 11, 2020, when he was assaulted by a man entering the store. Castonguay hid inside the store until the assailant left. One of the two passengers in Castonguay's car entered the store and told the clerk he had been assaulted in the parking lot. The store clerk took no action.
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