Sexual assault: Inadequate security: Failure to warn: Posttraumatic stress: Settlement

Law Reporter, Dec 1998

Sexual assault: Inadequate security: Failure to warn: Posttraumatic stress: Settlement.

Doe v. Dickman Garden Apartments, Inc., Ky., Kenton County Cir. Ct., No. 95 CI 01002, Mar. 11, 1998.

Doe, 22, rented an apartment in the Dickman Garden Apartments complex. One night, a man broke into her apartment through the bedroom window and sexually assaulted her. She suffered posttraumatic stress disorder. Her medical expenses were about $3,000. The intruder pled guilty to first degree rape and sodomy.

Doe sued the apartment complex owner, alleging inadequate security. Plaintiff asserted there had been hundreds of police runs to the area during the two years before the assault, including investigations of a double murder, three rapes, and numerous prowler complaints. In addition, two months before the assault, another tenant had reported to the resident manager that she had seen a man-subsequently identified as the intruder-on her patio one night. Plaintiff claimed the complex's outdoor lighting was inadequate. Further, plaintiff alleged defendant had failed to warn tenants of the prior reported crimes.

Plaintiff did not claim lost earnings.

Defendant claimed the intruder-who was joined as a third-party defendant-was solely responsible for plaintiff's injuries.

Doe and the owner settled for $200,000.

Plaintiff's experts were Larry Talley, security, Atlanta, Ga., and Gene Weaver, security, Fort Wright, Ky.

Plaintiffs Counsel:

*Michael A. Walters, Newport, Ky.

*William C. Knapp, Cincinnati, Ohio

[Comment: See also Doe v. Wolf, N.Y., Kings County Sup. Ct., No. 13436/95, Oct. 7,1997. There, Doe, 28, was sexually assaulted in her apartment by a man who had broken in through the bathroom window. She suffered psychological and emotional injuries, including loss of selfesteem and fear of contact with the opposite sex.

She sued the apartment building owners, alleging the bathroom window's latch was broken and the window guard was loose. Plaintiff claimed that despite complaints to the manager, the window had never been repaired. Plaintiff did not claim medical expenses or lost earnings.

Defendants filed a third-party complaint against the intruder.

The parties settled for $450,000, paid by the owners' insurer. *Abraham Fuchsberg and Richard V. Zand, both of New York, N.Y., represented plaintiff.]