A robber shoved a gun into Kathy Brown's back at a Kentucky Fried Chicken restaurant, and demanded that a clerk give him all the money in the cash register. When the clerk temporized, the robber threatened to shoot Brown, who suffered emotional distress as a result. The clerk eventually handed over the money. Brown suffered no physical harm. The police had distributed crime prevention pamphlets in the area, which said that one should never refuse an armed robber's demand for money.
Public policy bars any liability for failure to comply with an armed robber's demand for money.
Requiring compliance might actually encourage robberies. Nor was there any convincing proof that compliance actually prevents injury. The Court did leave open the possibility that liability might arise, if a merchant physically resists an armed robber. Table of Cases to check current status of decisions. In a decision that should convince employers not to give any job references, the California Supreme Court has ruled that school districts may be liable for misleading statements in letters of reference for a vice principal.