Sixteen-year-old convenience-store customer sustained catastrophic anoxic brain injury when an altercation ensued at an unmonitored outdoor alcove of a convenience store; the alcove was a known “blind spot” to convenience store employees.


The convenience store, which was a standard design built to convenience store specifications, was a defectively designed product. The convenience store was designed with a blind-spot alcove that precluded its employees from having a clear, unobstructed view to the outside. The convenience store was designed without a telephone that was immediately accessible to the one clerk on duty; the only telephone in the store was a misplaced pay telephone, making it impossible for the one clerk on duty to call for assistance when needed. The convenience store was designed without security devices such as TV monitors and alarm buttons which could assist employees in notifying police of trouble.