Leslie v. Delaware Racing Ass'n
Leslie v. Delaware Racing Ass'n
Opinion of the Court
OPINION
From the depositions, answers to interrogatories and other moving papers, the uncontradicted facts of this case are found to be as follows:
On July 16, 1964, Robert F. Leslie, 70 years of age, attended a race meeting at Delaware Park at the invitation of Wilmington Trust Company. Plaintiff is an automobile dealer and did extensive loan business through the Trust Company, which, on one or more occasions had staged a luncheon at Delaware Park for the benefit of such dealers, including plaintiff.
Plaintiff, in effect, charges that, as an invitee of the defendant, Raceway, he was entitled to normal and reasonable protection against an assault and robbery and that the defendant breached its duty to provide reasonable protection to its customers against the happening of such an event.
Plaintiff is unable to name a single individual or person who saw the happening complained of.
Three possible inferences can be drawn from the facts. First, it could be deduced that plaintiff was slightly intoxicated and lost his balance while standing at the head of the steps. Under this set of facts, there could be no possible liability. Secondly, it can be deduced that plaintiff, standing at the head of a rather steep stairway, was jostled by a person or persons forming the extensive crowd at the Raceway and, as the result of a push of this nature, fell, was injured and the tickets lost in the resulting confusion. Under such circumstances, this Court can see no possible liability on the part of the defendant. It is not claimed that the stairs were dangerous, in disrepair or littered. Certainly, a spectator at any sports event can scarcely argue successfully that he is entitled to be free of the normal pushing and shoving to which anyone must be subjected under such circumstances.
The most favorable inference which can be drawn from these facts is the third just recited. The Court concedes, arguendo, that one who invites the public to attend sports events on his premises, has a duty to provide reasonable protection against the possibility of an assault and robbery or other harm, to its invitees. Restatement of Torts (2d) § 344. Paranzino v. Youngers Raceway, Inc., 9 Misc.2d 378, 170 N.Y.S.2d 280. However, the mere fact that the plaintiff may have been assaulted and that he awoke without his winning tickets is not in itself sufficient to make out a prima facie case of failure to provide reasonably adequate protection. Plaintiff’s position that the assault and robbery could not have occurred absent, negligence, amounts to nothing more' than a contention that the principle of' res ipsa loquitur is applicable here, which,, clearly it is not. From affidavits and
Viewing the facts as the plaintiff alleges them to be and drawing any reasonable favorable inference from them, the Court is unable to find anything in the record which would point to liability on the part of the defendant here.
Defendant’s motion for summary judgment is granted.
. Though plaintiff had been invited in years past, this is the first occasion on which he accepted the invitation.
. A Delaware Racing track employee testified on deposition that at the time and approximate place where plaintiff claimed to have been, he saw a man starting to descend the steps in a wobbly and uncertain fashion, slip and fall.
. Actually, plaintiffs statement that he was standing at the head of the stairway contemplating the scene negatives the idea that he was jostled by someone in a large crowd using the stairway. Moreover, plaintiff makes no contention that the crowd was unruly or particularly boisterous.
Reference
- Full Case Name
- Robert F. LESLIE v. DELAWARE RACING ASSOCIATION
- Status
- Published