Defense of Negligent Security Claim

We represented a retailer in a case where the plaintiff-mother was shopping with her son in our client’s store and heard two other customers using offensive language in earshot of her son. The plaintiff- mother told the customers to stop using the offensive language and a fight ensued. The plaintiff filed suit claiming the retailer should have prevented or intervened in the altercation. The trial court granted summary judgment; however, the plaintiffs appealed the trial court’s decision to the Kentucky Court of Appeals. The Court of Appeals affirmed the trial court’s grant of summary judgment in favor of our client.