Senior Partner Marc M. Greenberg, Boca Raton Office, prevailed on a Final Summary Judgment on a negligent security cause of action. This matter arose out of a shoplifter (hereinafter referred to as “Perpetrator”) concealing and stealing two pieces of merchandise from inside of the store. While that criminal activity was occurring, the Defendant’s Loss Prevention Employee was watching the video cameras. He noticed that the perpetrator was large in stature and decided to call law enforcement instead of approaching the perpetrator inside the store. The Loss Prevention Employee stayed on his cellular telephone with the Sheriff’s Deputy so that he could guide the officer of the perpetrator’s location upon law enforcement’s arrival into the parking lot. The Loss Prevention Employee remained the eyes and ears for law enforcement during that five minute time period.

Once the perpetrator got near his vehicle to leave the premise, he was stopped by the Sheriff’s Deputy in the vast parking lot and asked to produce identification. Within seconds the perpetrator began walking in the opposite direction, grabbed his firearm from his waistband and began firing at the deputy less than 10 feet away. Within seconds a second deputy arrived and returned gunfire. No one got shot and the perpetrator ran through the parking lot heading east bound. The front parking lot consisted of 16 rows. After running through seven rows eastbound, the perpetrator grabbed a vehicle driver’s side door handle which was locked. After unsuccessfully attempting to carjack a vehicle occupied by a man and women, the perpetrator fired one shot through the driver’s side window. Unfortunately, the bullet went through the driver’s right arm and exited his right arm and then stuck the passenger’s left shoulder/chest area, where fragments remain today. These Co-Plaintiffs continued driving to the main road and flagged down law enforcement. A total of 90 seconds elapsed from the time law enforcement approached the perpetrator until the shooting of the Plaintiffs. Read more