Mitchell v. Archibald & Kendall, Inc.
United States Court of Appeals for the Seventh Circuit
573 F.2d 429 (7th Cir. 1978)
Truck driver Lawrence Mitchell (plaintiff) was directed by Archibald & Kendall, Inc. (A & K) (defendant) employees to wait on a nearby public street when their loading dock was full, even though the employees knew or should have known about recent criminal activity there; while waiting, Mitchell was shot in the face during an attempted robbery. Mitchell sued A & K, claiming it owed him a duty to protect against criminal activity on the adjacent street, but his complaint never alleged the street itself should be considered part of A & K's premises; the district court dismissed for failure to state a claim, and Mitchell appealed.
Whether, in reviewing a granted motion to dismiss based on failure to state a claim upon which relief can be granted, the court is required to accept as true legal conclusions that may be drawn from pleaded facts.