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ERICKSON v. CURTIS INV. CO.

No. C7-88-1177.

447 N.W.2d 165 (1989)

Garnet ERICKSON, et al., Respondents, v. CURTIS INVESTMENT COMPANY, et al., Defendants and Third-Party Plaintiffs, Petitioners, Appellants, Leadens Investigation and Security, Inc., Petitioner, Appellant, Thomas Sabo, Defendant, v. NU-WAY HOUSE, INC., Third-Party Defendant.

Supreme Court of Minnesota.

October 27, 1989.

Attorney(s) appearing for the Case

James F. Dunn, Janet S. Stellpflug, St. Paul, for Curtis Inv. Co., Inc., Allright Parking MN, Inc. and Allright Auto Parks, Inc.

Richard Mahoney, Victor E. Lund, Minneapolis, for Leadens Investigation and Sec., Inc.

Robert L. McCollum, Lane Kirchner, Bloomington and Gary J. Gordon, Minneapolis, for Garnet Erickson, et al.

Thomas Sabo, Minnesota Correctional Facility, Oak Park Heights, Stillwater, pro se.

Heard, considered, and decided by the court en banc.

OPINION

SIMONETT, Justice.

Does the operator of a commercial parking ramp owe a duty to a ramp customer to protect her from a trespassing rapist? We think so and affirm the court of appeals. As to the legal responsibility of the security firm hired to patrol the ramp, we hold, as did the court of appeals, that there are issues of fact on whether the security firm breached its duty and on causation.

Plaintiff-respondent Garnet Erickson was sexually...

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