Friedman Rubin wins appeal for woman killed at table outside Starbucks

One summer morning, Joslyn Schofield was sitting at a table in the outdoor seating area at a Starbucks coffee shop when a runaway pickup truck crashed into the seating area, striking her and causing fatal injuries. Her estate sued, alleging in the Complaint that Starbucks had a duty to protect customers in sidewalk sitting areas and that the risk of a crash like this was foreseeable and not uncommon.

The trial court, however, dismissed the lawsuit on Starbuck’s motion, holding that Starbucks had no duty to protect customers from an event so unforeseeable.

The Court of Appeals, however, overturned that decision and reinstated the case, stating:

Businesses owe a duty of reasonable care to their
customers, and this duty of care is well-recognized under Utah
law. When a plaintiff invokes that duty of care in a complaint and
grounds that invocation with allegations showing that the duty
applies, dismissal for failure to state a claim on the issue of duty
is improper. In this situation, disputes concerning the
foreseeability of the alleged harm and the circumstances that gave
rise to Starbucks’ purported failure to warn or protect Joslyn are
questions that go to breach and proximate cause, and not to duty.
Accepting the allegations in the Schofields’ complaint as true,
Starbucks owed Joslyn a duty of reasonable care, and the district
court’s determination to the contrary was erroneous.

The entire decision can be read here: Schofield v. Starbucks.

The estate was represented by David Roosa, Ken Friedman and Ron Park of Friedman Rubin and S. Brook Millard of Smart Schofield Shorter, PC. The appeal was briefed and argued by Ron Park (oral argument).