Ward v. Inishmaan Assocs. Ltd. Partnership

931 A.2d 1235 (2007)

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Nature of the Case

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Facts

D owns the Osprey Landing Apartment Community, a 329-unit mixed-income housing complex. JCM manages Osprey Landing on behalf of D. Sommers a next-door neighbor of P assaulted P outside P's apartment, stabbing her several times. Friction between Sommers and the plaintiff had begun in September 1999. Sommers frequently made offensive verbal comments to the P, persistently banged on a common wall that separated their two apartments, and made numerous and unsubstantiated complaints to the management of excessive noise, slamming of doors and purported drug dealing in P's apartment. In March 2002, Sommers pushed P's car door into her while P was in the process of removing her son from his car seat. P reported the incident to the police, but they apparently concluded that no criminal activity had taken place. P regularly registered her complaints about Sommers' behavior with JCM personnel. Sommers was arrested and charged with attempted murder. P brought suit against D and JCM alleging that they failed to protect her from Sommers' purported criminal assault. Sommers died before being brought to trial on the criminal charges. The trial court denied Ds' motion for directed verdict. The jury gave the verdict to P and Ds appealed.