Fox v. Food and Drink Chicago, Inc.

Plaintiff filed a lawsuit for personal injuries after she was struck an injured by a bar patron against both the indivdiual who hit her and the bar. The trial court granted summary judgment to the defendant bar by finding that plaintiff could not establish that the alleged criminal conduct was reasonably foreseeable by the business establishment. The appellate court reversed and remanded, finding that where there was an initial altercation inside of the bar the facts established that a genuine issues of material fact existed on the question of the bar’s duty to the plaintiff and the foreseeability of the criminal conduct. (HOWSE and ELLIS, concurring)