Sexual assault in apartment complex: Inadequate security: Emotional distress: Verdict

Law Reporter, Dec 2001

PREMISES

Sexual assault in apartment complex: Inadequate security. Emotional distress: Verdict.

Doe v. Roe Landlord, Cal., Los Angeles County Super. Ct., confidential docket no., May 8, 2001.

Two women, ages 49 and 53, were tenants in a garden-- level unit of an apartment complex. From the time they moved in, the apartment's sliding glass door was missing its handle lock and was secured solely by a pin lock at the base of the door. The women questioned the absence of the handle lock and were assured that the pin lock was sufficient for security.

A male resident of the complex began bothering the tenants by knocking on their windows and doors in the middie of the night. The tenants reported his conduct to the management, who gave him a verbal warning. This man had a history of sexual assault that was unknown to the landlord. An assistant manager later saw the man emerging from the women's apartment, but did not ask him why he was there. About three months later, the man entered the women's apartment, bound and gagged them, and sexually assaulted them.

The women both suffered severe emotional distress and required psychiatric treatment. They did not claim lost income.

The women sued the landlord, alleging inadequate security. Plaintiffs contended that the handle lock on their sliding door should have been replaced, the initial warning to the assailant should have been reported to the police, the assailant's visit to plaintiffs' apartment should have been reported to both plaintiffs and the police, and the assailant should have been confronted concerning his visit.

The jury awarded about $1.13 million. After a mandatory reduction under a state damages cap, each plaintiff recovered $213,750. The jury found the assailant 90 percent at fault and the landlord 10 percent responsible. Posttrial motions for a new trial were denied.

Plaintiffs' experts included James P. Graham, security, Agoura Hills, Cal.; Sandra Nahan, psychiatry, Beverly Hills, Cal.; George K. Henry, psychology, Los Angeles, Cal.; Maryatta DeSchepper, hypnosis, Tarzana, Cal.; and Daniel P. Flynn, psychiatry, Camarillo, Cal.

Defendant's experts were Kenneth G. Reid, door and window placement, Valencia, Cal.; John C. Barber, security, San Francisco, Cal.; Jeffrey G. Gunther, real estate management, Los Angeles, Cal.; and Anthony E. Reading, psychology, Beverly Hills, Cal.

Plaintiffs' Counsel

*David Hoffman, Los Angeles, Cal.

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