This section contains the nature of the case and procedural background.

In June 1983, Veazy (P) leased an apartment from Elmwood (D). Two weeks later the complex was sold to Southmark (D1). On October 3, 1988, an intruder entered P's apartment and raped her. P sued D1 for negligence in misrepresenting the amount of security at the complex and furnishing inadequate security. P alleged that she was told that several sheriff's deputies lived at the complex and provided security and that except for a burglary a few years ago, no criminal offenses had been reported to management. The security officers were only convenience officers who had no responsibility to protect the residents and management was aware that other rapes and attempted rapes had been committed at the complex. At trial, D1 requested that the trial court submit a special interrogatory to allocate fault to the rapist. That was denied. The trial judge entered judgment for P for $180,000. The court of appeals affirmed.

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