Gomez

Plaintiffs, Patricia and Claudia Gomez and Maria Ayerbe, appeal from the summary judgment granted defendant Ticor. The is sues presented are the foreseeability of armed robbery in an office building’s commercial parking structure and the existence of minimal precautions to protect the patrons thereof.

On January 31, 1980, Dario Gomez was in defendant’s building visiting the office of his attorney. Gomez left this office at approximately 8:45 p.m. and took an elevator to the lobby. Once in the lobby, he passed the security guards’ booth and then took either another elevator or a flight of stairs to defendant’s garage, where he had paid to park his car. He entered the garage as an armed robbery was occurring and was shot by one of the robbers. Gomez died a few weeks later as a result of the gunshot wounds.

On May 23, 1980, Gomez’ widow and child, Patricia and Claudia, filed a wrongful death action against Ticor. On November 23, 1980, Gomez’ niece, Maria Ayerbe, filed a similar suit against Ticor. Both suits alleged that Ticor failed to take reasonable precautions to prevent violent attacks on patrons of its parking structure. On February 3, 1981, the cases were…