Warwick v. Accessible Space, Inc.
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The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Accessible Space, Inc. (ASI) and dismissing Plaintiffs' claim that ASI was negligent in failing to protect them from Larry Rosenberg's criminal action, holding that ASI did not have a common law duty to protect Plaintiffs from Rosenberg's unforeseeable criminal action.
Appellants were living in a senior living apartment complex owned and operated by ASI when Rosenberg, a fellow tenant, shot them with a .22 caliber rifle. Appellants filed suit against ASI alleging negligence and asserting that ASI, as a landlord, had a duty to exercise reasonable care to protect them from Rosenberg's criminal action. The district court granted summary judgment in favor of ASI. The Supreme Court affirmed, holding (1) the district court did not err by concluding that ASI did not owe Plaintiffs a duty to protect them from Rosenberg's criminal action; and (2) even if ASI failed sufficiently to address Rosenberg's complaints, ASI's actions were not the proximate cause of Plaintiffs' injuries.
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