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Zepf v. Hilton Hotel Casino

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued November 5, 2001

Defendant Hilton Hotel & Casino appeals from a judgment entered on a molded jury verdict awarding plaintiff Linnea Zepf, defendant’s employee, $150,000 in damages for injuries she suffered when she was assaulted by a robber on the sidewalk adjacent to defendant’s property as she left work to go home in the early morning hours of March 10, 1997. On appeal, defendant contends that it owed no duty to provide surveillance and security patrols on a public sidewalk it does not own or control and that if it owed such a duty, it satisfied that duty by providing a shuttle bus to a secure parking lot. Plaintiff cross-appeals from the trial judge’s submission of the issue of plaintiff’s comparative negligence to the jury. We reject the contentions raised on both the appeal and the cross-appeal and affirm.

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