District Court, E.D. New York November 22, 2004, Nos. 03 CV 2582, 02 CV 3029 (Johnson v. Arms)

MEMORANDUM AND ORDER

WEINSTEIN, Senior District Judge.

I. Introduction

This is an action in tort arising from the so-called ‘Wendy’s Massacre.” Criminals entered a Wendy’s food store and attempted to kill all of the employees by shooting each of them in the back of the head at pointblank range; five of the seven victims died.