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Gaffney v. Burns Detective Agency

JUNE 25, 1973.

CAROL GAFFNEY, PLAINTIFF-APPELLANT,

v.

WILLIAM J. BURNS DETECTIVE AGENCY INTERNATIONAL, INC., DEFENDANT-APPELLEE.



APPEAL from the Circuit Court of Cook County; the Hon. DAVID A. CANEL, Judge, presiding.

MR. PRESIDING JUSTICE BURKE DELIVERED THE OPINION OF THE COURT:

This is an appeal from an order granting summary judgment in favor of defendant, William J. Burns Detective Agency International, Inc. (hereinafter referred to as "Burns") and against plaintiff, Carol Gaffney. Plaintiff appeals.

On May 14, 1969, plaintiff was assaulted by two unknown persons in the parking lot of her employer, National Biscuit Co., located at 7300 S. Kedzie Avenue, Chicago, Illinois.

Plaintiff subsequently commenced an action against both defendant, Burns and her employer, National Biscuit Co., seeking to recover for the injuries she sustained as a result of the assault. Plaintiff alleged in her complaint that defendant Burns was liable by reason of its alleged negligent failure to adequately perform its guard service under a contract with plaintiff's employer, National Biscuit Co.

The contract between defendant Burns and plaintiff's employer, National Biscuit Co., provided in pertinent part:

"Whereas, Agency (Burns) maintains a plant protection service and has facilities for the surveillance and protection of property against fire, theft, pilferage, malicious injury and destruction, and Whereas, National desires Agency to supply such protection services to National's Bakery at 7300 S. Kedzie Ave., Chicago, Illinois property;

Now, therefore, National and Agency do mutually agree as follows:

1) The Agency will furnish uniformed guard plant protection (armed, if necessary) service for the proper protection of National's Bakery at 7300 S. Kedzie Ave., Chicago, Ill. property; the specific number, principal posts and hours of duty of guard personnel to be agreed upon between the parties hereto from time to time.

2) The Agency will furnish the guard personnel to provide such protection, complete with uniforms and necessary equipment.

The guard personnel shall perform the following duties:

(a) Protect the property from fire, accident, theft, damage and trespass.

(b) Permit only duly authorized persons to enter the premises.

(c) Make regularly scheduled tours of the premises, checking all gates, doors, windows, lights and registering such tours on Detex or such other watch clock ...


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