United States Tenth Circuit

In an action claiming that plaintiff was stabbed when he tried to help apprehend a shoplifter at a Target store, judgment for plaintiff is affirmed where: 1) the jury could rationally find that a customer's decision to enter the fray was not an intervening cause because it was "reasonably foreseeable"; 2) the district court properly refused to instruct the jury that defendant had no duty to warn or protect plaintiff from apparent dangers and that it is not liable if there was no time to warn or protect him; and 3) the district court properly excluded evidence of plaintiff's psychological history and prior bad acts.

Appellate Information

• Decided 08/09/2010
• Published 08/09/2010

Judges

• Harris A. Hartz

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Philip R. Richards, Paul DeMuro