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39 Drake L. Rev. 225 (1989-1990)
Premises Liability

handle is hein.journals/drklr39 and id is 235 raw text is: CASENOTES
PREMISES LIABILITY-Evidence of Prior General Criminal Activity at
Mall Raised a Genuine Issue of Material Fact as to Whether Sexual Attack
on Patron Was Reasonably Foreseeable-Galloway v. Bankers Trust Co.,
420 N.W.2d 437 (Iowa 1988).
In November 1985, Bruce V. Galloway was the alleged victim of a ho-
mosexual rape which occurred while he was using a restroom located on the
premises of Midlands Mall (the Mall), a shopping center in downtown
Council Bluffs, Iowa.' Mr. Galloway brought an action against the owners,
managers, and security personnel of the Mall for negligence, claiming that
they failed to protect him from the rape.2 Specifically, Galloway claimed
that the Mall had failed to exercise ordinary care, failed to warn him of the
risk of such an attack, and failed to provide adequate security at the mall.3
All of the defendants filed motions for summary judgment,4 which the dis-
trict court sustained, on the grounds that such an attack was not reasonably
foreseeable by the defendants.'
1. Galloway v. Bankers Trust Co., 420 N.W.2d 437, 438 (Iowa 1988).
2. Id. The defendants were: First National Bank of Chicago and Bankers Trust Co., co-
owners of the Mall under a Trust agreement; Maenner Company, operator and manager of the
Mall; and American Security Services, provider of security services for the Mall. Brief for Ap-
pellee Maenner Co. at 3-4, Galloway v. Bankers Trust Co., 420 N.W.2d 437 (Iowa 1988) (No.
3. Brief for Appellee Maenner Co., at 4, Galloway v. Bankers Trust Co., 420 N.W.2d 437
(Iowa 1988) (No. 86-1879). Galloway's claims relied upon section 344 of the Restatement (Sec-
ond) of Torts. This section states:
A possessor of land who holds it open to the public for entry for his business purposes
is subject to liability to members of the public while they are upon the land for such a
purpose, for physical harm caused by the . . . intentionally harmful acts of third per-
sons . . . and by the failure of the possessor to exercise reasonable care to (a) discover
that such acts are being done or are likely to be done, or (b) give a warning adequate
to enable the visitors to avoid the harm, or otherwise to protect them against it.
4. Brief for Appellee Maenner Co. at 4, Galloway v. Bankers Trust Co., 420 N.W.2d 437
(Iowa 1988) (No. 86-1879).
5. Galloway v. Bankers Trust Co., 420 N.W.2d 437, 438 (Iowa 1988).

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