WARD V. INISHMAAN ASSOCS. LTD. PARTNERSHIP
931 A.2d 1235 (2007)
NATURE OF THE CASE: Inishmaan (D) appealed a jury verdict for Ward (P) that sought
damages for P and her son for injuries that occurred as the result of a criminal assault on
P by her neighbor.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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