Clark v. Carla Gay Dress Co.

On Motion for Rehearing.

On motion for rehearing, appellant Clark rehashes the evidence and insists: “There are no magic words that convey a message of fear, violence, crisis and a combination of those. The law gives the appellant the right to the benefit of favorable inferences in the issue of deciding the validity of a directed verdict as here.”

As this statement itself indicates, there simply were no “magic words” and no real evidence of warning to Carla Gay leading to foreseeability of violence in this case. We are not authorized to impose upon defendants the responsibility to magically divine the danger which hindsight makes clear.

Motion for rehearing denied.