Ozaki v. Association Of Apartment Owners Of Discovery Bay

954 P.2d 644 (1998)

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Nature of the Case

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Facts

Cynthia Dennis was murdered by Peter Sataraka, her estranged boyfriend. Sataraka and Dennis had engaged in a confrontation at a nightclub. Dennis left the nightclub without Sataraka. Sataraka proceeded to the condominium, where he and Dennis had lived together briefly prior to the incident. Dennis failed to respond to 'enterphone.' Sataraka asked the security guard, Walker (who had frequently observed Sataraka entering the building with a key and/or in Dennis's company), to admit him into the building. Sataraka discovered that Dennis was not in her apartment and returned to the lobby and conversed with Walker. After Walker concluded his shift, Sataraka informed Walker's replacement that he was 'waiting for his girlfriend.' Dennis arrived home a short time later and encountered Sataraka, who followed her into her apartment. Dennis was found dead in her condominium the next day. Sataraka was thereafter tried and convicted of her second-degree murder. P filed a complaint against D and Sataraka seeking general, special, and punitive damages. The jury found that the negligence of both D and P had been causes of her death. It apportioned ninety-two percent to Sataraka, five percent to Dennis, and three percent to D. D argued because Dennis's negligence was greater than its, P should get no recovery. P countered that because one of the tortfeasors had acted intentionally, Dennis' negligence could not be compared to the negligence of D. P argued that D should be jointly and severally liable with Sataraka for all of Dennis's damages. The trial court agreed with D and entered final judgment for D. P appealed, and the intermediate court agreed with P and entered judgment against D for 95% of the damages wherein D, and Sataraka were jointly and severally liable. D appealed.