OPINION AND ORDER
DOUMAR, District Judge.
Darryl Godfrey brought this suit against Boddie-Noell Enterprises, Inc., trading as Hardee's of Norfolk. Godfrey claimed that Boddie-Noell should be liable to him for injuries he sustained during an assault that occurred on Hardee's premises. On or about June 10, 1990, at about 3:00 a.m., an unknown third party assaulted Godfrey and shot him while he was in the parking lot of the Hardee's.
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