Kentucky Appeals Court: Fleeing Gunman’s Actions Not Foreseeable By Franchisee

(August 23, 2016, 9:29 AM EDT) -- FRANKFORT, Ky. — The Kentucky Court of Appeals on Aug. 19 affirmed summary judgment for Domino’s Pizza defendants in a case over a fatal shooting outside a franchise location, saying that a fleeing robber’s actions were not reasonably foreseeable, but reversed the order granting summary judgment to a Domino’s franchisee and the owner of the strip mall where the shooting occurred because, it said, the trial court abused its discretion by prematurely ruling on the motions to dismiss before the plaintiffs had an opportunity to conduct discovery (Harold Dean Johnson Jr., et al. v. Seagle Pizza Inc., et al., No. 2015-CA-000085, Ky. App.; 2016 Ky. App. Unpub. LEXIS 563)....