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Niederer and Humphrey Obtain Defense Verdict in Negligent Security Case

January 8, 2019

Eric Niederer (Partner-Connecticut), assisted by second-chair Tyler Humphrey (Associate- Connecticut),  obtained a defense verdict in Superior Court of Connecticut, Judicial District of Hartford in defense of a national security services company and a separate mall defendant. The plaintiff alleged negligent security following a shoplifting incident at a shopping mall, causing the plaintiff, an off-duty police officer, to sustain personal injuries after being struck by the suspected shoplifters’ vehicle while attempting to apprehend the individuals as they fled the parking lot of the mall. Over the course of a three-week trial, Eric and Tyler mounted a defense that the defendants were not negligent, and the incident was due to the intervening/superseding acts of the vehicle driver and the suspect, who ran the plaintiff over. The plaintiff’s final settlement demand during jury deliberations was $1.5 million. After two days of deliberation, the jury advised that they could not agree as to whether the security company was negligent, but agreed unanimously that the mall defendant’s conduct was not negligent, the suspect’s conduct was an intervening/superseding cause of the plaintiff’s injuries and both defendants’ conduct was not the cause of the plaintiff’s injuries. They returned a defense verdict on all counts.  

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