Derrick Wade case study - Surname 1 Name Course Semester...

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Surname 1 Name Course Semester and year Citation: Vail v. Masker, 820 P.2d 1032 (Ga. App. 2002). Facts : on the evening of November 26, Derrick Wade walked children to the playground of a restaurant in Douglas, Georgia. Unknown to him older boys had been ordered to vacate the playground and the children allowed to stay. The boys were not happy with what seemed as discrimination to them, and they vented their anger on the plaintiff by knocking him down and kicking him causing him to injure his head. He sued Findlay Incorporated for failure to take preventative action of ensuring the safety of customers against dangerous acts caused by a third party. In the trial court, the defendant argued that they lacked prior notice that such an act would happen and so they could not foresee such a danger coming to customers. The trial court agreed with the defendant that they did not have the duty to provide security and ensure the safety of the customer if there was no prior warning. The plaintiff appealed the decision with the argument
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