Feld v. Merriam

485 A.2d 742 (1984)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Ps were tenants in a large apartment complex, consisting of 150 acres and 1,000 apartments housed in three high-rise buildings. For an extra rental fee, the apartments are serviced by parking garages adjacent to the apartment buildings. On June 27, 1975, at about 9:00 P.M., Ps drove as usual to their allotted space in the parking garage. While they were parking their car, they were set upon by three armed felons. At gun point, accompanied by two of the felons, they were forced to the back seat of their car. Followed by the third felon in an 'old, blue broken down car,' they were driven past the guard on duty at the gate, out into the night. The felons released Mr. Feld on a deserted street corner and drove Mrs. Feld to the lonely precincts of a country club. It is surmised from the facts that they raped Mrs. Feld. Ps sued D alleging a duty of protection and the breach of that duty, and injuries resulting therefrom. The jury returned a judgment totaling six million dollars against D. The Superior Court affirmed with the exception that the award of punitive damages to Mr. Feld was reduced by one half. Both parties appealed.