Raven H. v. Gamette
In this suit based on the alleged negligence of a landowner in his maintenance of residential property, plaintiff Raven H. (plaintiff) appeals from a summary judgment granted in favor of defendant Linda Gamette (defendant). Defendant is the personal representative of the estate of decedent Douglas Gamette, II (decedent).
Plaintiffs suit charges that while plaintiff was a tenant at an apartment complex owned by the decedent, she was brutally sexually assaulted by a man who broke into her apartment through an unsecured window, and although the decedent was aware that violent crimes of various nature had been committed at or near his premises by criminals who gained access to victims apartments by breaking into them, the decedent failed to take adequate precautions to secure plaintiffs safety in her apartment and such failure constitutes negligence and is the cause of plaintiffs injuries from the attack on her.
The summary judgment is reversed and the cause is remanded for further proceedings consistent with the views expressed herein. Costs on appeal to plaintiff.
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