Tort Law - Invitees - Reasonable Care and Independent Criminal Conduct on the Premises - Boyd v. Racine Currency Exchange, Inc., 8 III. App.3d 140, 289 N.E.2d 218 (1972)
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Authors
Mullin, Robert D. Jr.
Issue Date
1974
Volume
7
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|On April 27, 1970, John Boyd entered the Racine Currency Exchange. A gunman followed and placed a pistol against Boyd's head,ordering the teller working behind a bullet-proof glass partition to open the access door, threatening Boyd with death if she refused. The teller dropped to the floor and the gunman shot Boyd. Boyd's administrator initiated a wrongful death action, alleging that wrongful acts of the Exchange proximately caused Boyd's death. The trial court dismissed the suit for failure to state a cause of action. The Appellate Court of Illinois reversed, holding that plaintiff's petition presented jury questions concerning reasonable care and proximate cause. In determining that the Exchange owed a duty of reasonable care to its invitee-customer, the court adopted the Heaven v. Pender test for the existence of duty, finding also that the relationship between the Exchange and Boyd gave rise to a duty which extended to protection against third-party criminal attacks,and prevented the Exchange from using any measure possible to frustrate the robbery.- The case is now before the Supreme Court of Illinois...
Description
Citation
7 Creighton L. Rev. 138 (1973-1974)
Publisher
Creighton University School of Law