Goldberg Segalla partner Imoh E. Akpan successfully defended a national mall operator and its contracted security provider in a complex premises liability case involving a violent assault at a high-profile department store. The case, tried over six days in Maryland state court, resulted in a complete defense verdict and the dismissal of all claims against our clients.

The plaintiffs, a retired executive and his spouse, alleged that the mall operator and its security provider were negligent in failing to remove a loitering individual from the premises. That individual later assaulted the plaintiff inside a department store, causing serious injuries that required brain surgery and led to claims of lost income and diminished quality of life.

The plaintiffs sought millions in damages and argued that the defendants had prior knowledge of the assailant’s presence and behavior. A third-party claim was also filed by the department store operator seeking indemnification from our clients.

Imoh mounted a strategic defense focused on:

• Demonstrating that the assailant had no known history of violent or disruptive behavior.
• Establishing that the mall’s Code of Conduct was enforced appropriately and consistently.
• Highlighting the distinction between common areas and anchor stores, and the limits of our clients’ responsibilities.
• Undermining the plaintiffs’ expert testimony through rigorous cross-examination and evidentiary challenges.
• Securing key rulings on motions in limine to exclude speculative or prejudicial evidence.

Imoh also successfully opposed the third-party indemnification claim, showing that our clients had no contractual or common law duty to indemnify the department store.

After less than two hours of deliberation, the jury returned a unanimous verdict in favor of our clients. The jury found no negligence and awarded no damages. The department store’s counterclaim for indemnification was also denied.

This result protected our clients from significant financial exposure, reinforced the legal standards governing foreseeability and third-party criminal conduct in premises liability cases and underscores Goldberg Segalla’s ability to navigate emotionally charged litigation with precision and professionalism. Imoh’s courtroom skill and strategic motion practice led to a decisive victory in a case that could have set a costly precedent.

Goldberg Segalla attorney Petra A. Holness and paralegal Wanda N. Bartholomew played essential roles in bringing this success to fruition.