Slater v. Alpha Beta Acme Markets, Inc.

Opinion

HASTINGS, J.

Plaintiff, Mollie Slater (Slater) appeals from an adverse judgment entered after the granting of defendant’s motion made at the conclusion of plaintiff’s case pursuant to Code of Civil Procedure section 631.8.

1

Findings of fact and conclusions of law were signed by the court.

The undisputed facts are as follows: Defendant; Alpha Beta Acme Markets, Inc. (Alpha Beta) operated a supermarket in North Hollywood.

[277]

Prior to the date of January 19, 1970, and within two months preceding, Alpha Beta had suffered two armed robberies by a person identified by witnesses as the same individual. After each robbery Alpha Beta notified the Los Angeles Police Department.

On January 19, 1970, at approximately 6 p.m., Slater was a customer of Alpha Beta. At this time there were also inside the store two plainclothes officers of the Los Angeles Police department conducting a surveillance of the market’s checkout stands. Alpha Béta cooperated in this endeavor by allowing the officers access to its store. The purpose of the surveillance was to apprehend anyone who might attempt to rob the market, and in particular, to capture the individual who previously robbed the market on two occasions. Neither Alpha Beta nor the police department had actual knowledge that a robbery would in fact occur on January 19, 1970.

Alpha Beta at all times pertinent maintained a security department which had been advised of the two earlier robberies.

On January 19, 1970, an armed robber, identified by witnesses as the same individual who had committed the two prior robberies, conducted a third robbery of the market checkout stands while Slater was waiting in line at one of the stands. During the course of the robbery, police officers came into view with weapons drawn. The robber fired one shot from a pistol into the store’s ceiling. Slater was pushed to the floor, onto her knees, by an unidentified female customer. No employee, officer or agent of Alpha Beta or the City of Los Angeles touched, threatened, battered or assaulted Slater.