Lassie Frazier vs. Brock's Open Air Market

Case Number
E2002-00203-COA-R3-CV
Clifford Frazier and Azeline Kittrell were sitting on a bench located in front of Brock's Open Air Market. Catherine Ottinger ("Ottinger"), who already had consumed six beers, was at the store to purchase a salad and more beer. As Ottinger was leaving, her car, for whatever reason, accelerated rapidly while in reverse and made a U-turn at a high rate of speed. While in reverse, Ottinger drove onto a public road and then came back onto the store's premises, jumped a concrete curb and hit Clifford Frazier and Azeline Kittrell, who later died from their injuries. Plaintiffs sued Brock's Open Air Market asserting, as relevant to this appeal, premises liability. The Trial Court granted summary judgment to Brock's Open Air Market on the basis that the accident in question was not reasonably foreseeable. We affirm.
Authoring Judge
Judge David Michael Swiney
Originating Judge
Richard R. Vance
Case Name
Lassie Frazier vs. Brock's Open Air Market
Date Filed
Dissent or Concur
No
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