MUKTHAR v.
LATIN AMERICAN SECURITY SERVICE,
Filed 5/8/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
TOFIK MUKTHAR, Plaintiff and Appellant, v. LATIN AMERICAN SECURITY SERVICE, Defendant and Respondent. | B183968 (Los Angeles County Super. Ct. No. BC 311740) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Tricia Ann Bigelow, Judge. Reversed.
Murray M. Sinclair & Associates, Murray M. Sinclair; Law Offices of Michael A. Cholodenko, and Michael A. Cholodenko for Plaintiff and Appellant.
Murphy, Pearson, Bradley & Feeney, Peter J. Zomber, Anne L. Thompson, and David J. Ozeran for Defendant and Respondent.
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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.[1] 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., â€