Smith Haughey successfully defended a large retail client against negligence claims. An unknown individual entered one of our client’s stores and intentionally mixed chemicals together in a way that created a toxic cloud of gas. The plaintiff, a customer in the store at the time, alleged that she was injured by the gas, causing severe burns to her lungs and ongoing breathing issues, and sought over $2 million in damages. Smith Haughey argued that our client had no duty to anticipate criminal acts by a third person and the court agreed, dismissing all of the plaintiff’s claims. Attorneys Kevin Even and Chris Berry worked diligently to develop the facts of the case and posture it for the successful motion to dismiss.