Mukthar

Appellant Tofik Mukthar, a cashier at a 7-Eleven store, brought an action against respondent Latin American Security Service, Inc. (Service), for its alleged failure to prevent an attack on Mukthar by a patron. Service brought a motion for summary judgment, which the trial court granted on the ground that Mukthar could not show that Service’s negligence was the cause of the assault. We conclude that it is a question of fact whether Mukthar’s injuries were caused by Service’s negligence. Accordingly, we reverse the judgment.

FACTS

Mukthar was working at the 7-Eleven store on Martin Luther King Boulevard on December 6, 2003, when, at approximately 9:30 p.m., two females and a boy entered the store. Mukthar was aware of the fact that, at this time, there was no security in the store. Mukthar told the women that the boy couldn’t come in because the boy was a shoplifter, i.e., “he steals”; the boy had been told on previous occasions not to come into the store.

The women started violently swearing at Mukthar, using obscenities, over his decision to eject the boy from the store. When the women came to the counter with some merchandise, Mukthar refused them service because…