Teague Campbell attorneys Matt Little and Emma Wingfield obtained a complete summary judgment victory for Hiffman Asset Management, LLC in consolidated litigation arising from a tragic 2022 mass shooting near Northlake Mall in Charlotte, North Carolina.

The plaintiffs alleged that the owner and manager of an adjacent shopping center were responsible for injuries resulting from the shooting of three people that occurred on property owned and controlled by Northlake Mall. The claims asserted theories of negligence and premises liability, contending that the attack stemmed from events that allegedly began on the shopping center property.

Following extensive discovery, including surveillance video evidence and sworn witness testimony, the defense demonstrated that the shooting occurred off the client’s property and that no interaction, harassment, confrontation, or threatening conduct occurred between the assailants and plaintiffs while on the shopping center’s premises. The evidence conclusively established that the attack did not originate on the client’s property and that the plaintiffs themselves testified they did not feel threatened prior to leaving the premises.

The North Carolina Business Court agreed, ruling that no reasonable jury could find that the attack began at Northlake Commons and holding that the property owner and manager owed no duty to protect individuals from criminal activity that began and ended outside their property. The Court granted summary judgment in favor of Hiffman and entered judgment on all claims asserted against it.

This result highlights the importance of thorough investigation and carefully examining questions of duty, control of property, causation, and foreseeability in premises liability litigation involving third-party criminal acts.