Forrand

After a jury trial, the negligence of defendant/appellant Foodmaker, Inc., doing business as Jack-in-the-Box (appellant), was found to have been the sole cause of injuries sustained by plaintiff/respondent Keith W. Forrand (respondent). To have reached this verdict, the jury believed the following to be true:

On July 17, 1977, at approximately 6:50 a.m., Glenn Dore (Dore) a 15-year-old runaway, committed an armed robbery against appellant Jack-in- the-Box restaurant. He knocked on the drive-through window; and when Michelle Laberteaux (Laberteaux), the shift manager, responded, he placed a 3Vi-foot-long, .22 caliber rifle on the window ledge, pushed it into her stomach and demanded money. She eventually put money in a restaurant bag, and almost simultaneously with this act or shortly thereafter, respondent arrived at the restaurant to buy a cup of coffee, as he had done almost daily for a year. As he entered the restaurant, Thelma Hotstetter (Hotstetter), a waitress, exclaimed, “Stop him!” She did not tell respondent a robbery had just occurred nor that the robber was armed. Respondent, believing the person had failed to pay all or part of his order, returned to his car,…