"WANT BUTTER WITH THAT?"

In Martinez v. National Amusements, Inc., Derrick Martinez sued National Amusements Inc. and Security Enforcement Bureau for injuries he sustained while in a movie theatre.

Martinez was assaulted at a complex owned and operated by National Amusements, who had hired Security Enforcement to provide on-premises security.

When the Bronx County Supreme Court granted the movie theatre’s motion to dismiss the case, Martinez appealed to the Appellate Division, First Department.

Since the theatre had no reason to anticipate the assault, nor any special duty to take preventative measures, the AD1 affirmed the dismissal. The absence of prior comparable criminal activity made Martinez’s attack unforeseeable and unpreventable. (Security Enforcement was also not found to have violated any duty of care.)

We’re guessing Martinez got little amusement from that decision.