A Washington state appellate court panel here has upheld a lower-court ruling that a business isn’t liable for injuries caused by one customer assaulting another on its premises.

In the case, Star Crill, a customer of the Denny’s restaurant at 2022 N. Argonne, was seeking damages from WRBF Inc., which owns the restaurant, and from Denny’s Inc., after allegedly being assaulted in the restaurant by another customer, Austin Garner, at about 2 a.m. on Jan. 3, 2009. Crill also sued Garner and his companion, Jackie Legere Jr.

Crill claimed Garner was drunk, negligent, and reckless. Garner contended Crill fell into him because of her drunken state. 

A Spokane County Superior Court judge dismissed the claim, but Crill appealed that ruling, contending the restaurant was negligent in failing to protect her from Garner, court records say.

“It is unrealistic to make merchants, who have much less experience than the police in dealing with criminal activity and who lack a community deputation to do so, vicariously liable for the criminal acts of third parties,” the court wrote in its 3-0 decision.

Denny’s is open 24 hours a day, seven days a week. 

“On weekends, after nearby bars cease serving alcohol at 2 a.m., the Argonne Denny’s serves a gaggle of drunk customers. The Argonne Denny’s instructs its staff not to intervene physically with a difficult guest,” the court writes.

The decision further says, “The restaurant instructs its staff to exercise three steps: First, ask the troublesome guest to calm down and cease the disorderly activity; second, if the disruption persists, ask the patron to leave; and last, if the disorderly guest refuses to leave, phone police. The same approach applies to drunk customers.”

Garner drank alcohol at Good Tymes Bar & Grill with friends, court records indicate. 

“A server at the Argonne Denny’s sat Garner, Legere, and friends in a booth and promised to bring menus. Star Crill and friend Mario Diaz dined in the booth adjacent and behind the group ... Jackie Legere turned toward the adjacent booth and told Crill and Diaz to shut up,” court documents say.

In minutes, the situation escalated. The restaurant’s manager, Mary Winter, demanded Crill, Diaz, Garner, and Legere all leave and called the police. Garner hit Crill when Winter was on the phone and didn’t see him strike her, documents say.

“According to the officer’s report, multiple bystanders witnessed Austin Garner strike Star Crill. The officer smelled alcohol on Austin Garner and observed Garner acting intoxicated,” the appeals court decision say.

“Criminal activity is arbitrary, irrational, and unpredictable. Crime is invariably foreseeable everywhere, yet unforeseeable in any specific time and place. Even police, specially trained and equipped to anticipate and prevent crime, cannot universally foil it,” it says.