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STATE OF MAINE YORK, ss. NANCY DALZELL, Personal Representative for the Estate of ALLEN BENNISON, Plaintiff
v.

SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-08-354 C f) 7;>- 10 R.. - I') i:,r : ;;;; -1

;)

ORDER

BROUSSEAU ENTERPRISES, INC., d/b/ a AIRPORT VARIETY, Defendant Nancy Dalzell is the personal representative for the estate of her son, Allen Bennison. Mr. Bennison died after being stabbed by Joshua Stewart behind the Airport Variety convenience store in Sanford, Maine. Ms. Dalzell brought this action on the estate's behalf against the owner of Airport Variety, Brousseau Enterprises, Inc., alleging that Mr. Bennison wrongfully died due to the company's negligence. The defendant moves for summary judgment. Granted. Following hearing, the motion will be

BACKGROUND
Airport Variety is located in an industrial, non-residential area in Sanford, Maine. (Supp. S.M.F. <]I 7.) Prior to January 23, 2007, there was little criminal activity at the store. (Supp. S.M.F. <]I 8; Bates Depo. at 62.) Apart from minor thefts, there had been an incident involving a bag of suspicious white powder in 2004, and a domestic assault in 2004 or 2005. (Supp. S.M.F. <]I 8; Opp. S.M.F. <]I 8; Bates Depo. at 62-63.) Defendant Brousseau Enterprises, Inc., purchased Airport Variety in January 2006. (Supp. S.M.F.
<]I 11.) Between January 2006 and January 23, 2007, the police were only called to Airport

Variety once. (Supp. S.M.F. err 11.) That call was placed because a van had damaged a fence. (Supp. S.M.F. err 11; Ibrahim Aff. err 12.) On January 23, 2007, Crystal D. Son and Jessica Prevatt were the employees on duty at Airport Variety. (Supp. S.M.F. errerr 14-15.) Joshua Stewart, John Stewart, and James Curit entered the store some time before 8:00 p.m. l (Supp. S.M.F. err 16; Pl.'s Add'l S.M.F. err 25.) Ms. Son was acquainted with the Stewarts because they were her cousins by marriage. (Supp. S.M.F. err 17.) She had also worked with Joshua Stewart at another gas station in 2004. (Supp. S.M.F. err 19.) Ms. Son had reported Joshua to the police for a theft she witnessed him commit at that job. (Supp. S.M.F. err 19.) Despite these connections, Ms. Son testified that she had not spoken with either of the Stewarts for a number of years. (Def.'s Opp. to 1'l.'s Add'l S.M.F. err 27; Son Depo. at 37.) After breaking contact with the Stewarts, Ms. Son had heard rumors that the men were involved in drug dealing but did not know if the rumors were true, and she did not believe that the men were dealers. (P1.'s Add'l S.M.F. err 28; Son Depo. at 37.) Ms. Son did not observe that Joshua Stewart was carrying a weapon or that he was angry, and there is no indication that she had reason to believe he might be violent. (Supp. S.M.F.
errerr 24-25.) Ms. Son did not know James Curit. (Supp. S.M.F. err 17.)

Jessica Prevatt, the other Airport Variety employee on duty that evening, had known James Curit when she was approximately eleven years old but had not socialized with him since. (Pl.'s Add'l S.M.F. err 40; Def.'s Opp. to Pl.'s Add'l S.M.F. err 40; Prevatt Depo. at 22-24.) She knew James Stewart because her friend had dated his brother approximately eight years earlier. (P1.'s Add'l S.M.F. err 41; Def.'s Opp. to Pl.'s

There is some dispute about whether a fourth man was also present. (Compare Supp. S.M.F. lJI 16 with Supp. S.M.F. lJI 17 and Pl.'s Add'l S.M.F. lJI 26.) If this individual was present, he allegedly left before any of the actions giving rise to this litigation occurred and he is therefore immaterial to this motion.

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Add'l S.M.F. <[ 41; Prevatt Depo. at 33-34.) Ms. Prevatt did not know Joshua Stewart. (Supp. S.M.F. <[ 36.) When the three men came into the store, Ms. Prevatt was in the process of taking trash out to the store's dumpster. (Supp. S.M.F. <[ 35.) The store did not have a back door so Ms. Prevatt had to walk the trash from behind the counter, out the front door, and around to the dumpster behind the building. (Pl.'s Add'l S.M.F. <[ 43.) She made about three trips that evening. (Supp. S.M.F. <[ 38.) As Ms. Prevatt was emptying the trash, the man that Ms. Son did not know (presumably Mr. Curit) attempted to purchase alcohol. (See Supp. S.M.F. <[ 18.) Ms. Son perceived that the man

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