(CN) – The family of a manager who was gunned down in an Old Navy parking lot after he was abandoned by two security guards can sue the clothing retail chain, a New York appeals court ruled.
After receiving anonymous threats and having his car vandalized, Old Navy manager Timothy Ruiz walked to his car with a pair of security guards in a parking lot monitored by a security camera.
One of the guards went to his car for cigarettes, and the second guard waited for him while Ruiz walked to his car alone. Kevin Griffin, who was reportedly jealous of Ruiz’ friendship with another Old Navy worker, appeared and shot Ruiz dead.
Jose Ruiz sued Old Navy for negligence, and the lower court granted summary judgment to the retail chain.
But the Brooklyn-based Second Appellate Division revived the case, ruling that Ruiz had made enough of a claim to survive summary judgment.
“The plaintiff submitted evidence sufficient to raise triable issues of fact as to whether Old Navy knew or should have known of the likelihood that a third person might endanger the safety of the plaintiff’s decedent,” the justices wrote.