Where an independent contractor working at a convenience store had been told that the store had been robbed before, neither the landlord nor the operator of the store were liable when he was injured in an armed robbery.
In Priestas v. Kia Properties, LLC, NO. W.2019-00728-COA-R3-CV (Tenn. Ct. App. Dec. 18, 2019), plaintiff worked as an independent contractor for a convenience store run by one defendant, which was in a property owned by the other defendant. Plaintiff was hired when he stopped at the store one night upon seeing multiple police cars there, and was told there had just been a robbery. Plaintiff was hired to work “a few hours a day to perform tasks such as stocking the store’s coolers and cleaning up inside and outside the store.” The owner told plaintiff that the store “had been burglarized/robbed on several prior occasions,” and plaintiff informed the owner that he would carry a concealed firearm when working. Approximately two months after he began working, plaintiff was shot during a robbery. Plaintiff was attempting to wrestle a gun from an armed robber when the shooting occurred.