Saelzler v. Advanced Group

400 23 P.3d 1143 (2001)

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Nature of the Case

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Facts

P was an employee of Federal Express. Ds were owners of the Sherwood Apartments, a 28-building, 300-unit apartment complex. P came to the complex in midafternoon to deliver a package to a resident. As she entered through one of the many gated entrances to the premises, she saw two young men loitering outside a security gate that had been propped open. While walking across the grounds, she saw another young man already on the premises. P attempted to deliver but the resident was not at home. When plaintiff returned down a walk path with the package in hand, the three men confronted her. The three of them beat her and attempted to rape her, inflicting serious injuries. The assailants fled and were never apprehended. P sued D for negligence. P claimed D knew of the high crime rate and failed to provide adequate security, and failed to warn others of the unsafe conditions. D moved for summary judgment because P was unable to establish any substantial causal link between Ds' omissions and P's injury. P could not show the identity of her assailants, and whether they whether they trespassed on Ds' property to assault her, or whether they were tenants of the building who were permitted to pass through the security gates. P submitted no evidence that the propped-open security gate was actually broken or otherwise not functioning properly, or whether her assailants entered through the gate or themselves broke it and entered. P also offered no evidence that defendants reasonably or effectively could have warned members of the public of unspecified dangers from unknown assailants frequenting the area. Ds' security manager acknowledged that during the year preceding the assault several nighttime assaults, and actual or attempted rapes, occurred on the premises. P produced evidence that a gang called the 706 Hustlers was reportedly 'headquartered' in one of defendants' apartment buildings, conducting drug transactions, and hitting and intimidating other people on the premises. Police came to the Sherwood Apartments approximately 50 times during the prior year. Pizza parlors refused to deliver to apartments in the complex, insisting residents come to the sidewalk. Ds' own apartment manager used security personnel to escort her to her vehicle whenever she left the premises. D presented evidence that they hired security guards to patrol the premises. The trial court granted summary judgment for Ds, finding P failed to show Ds' breach of duty to safeguard her was a proximate cause of her assault. A majority of the Court of Appeal reversed. Ds' 'complete absence of required security measures' by itself reasonably could be deemed a contributing cause of any criminal activity in the area. D appealed.