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Torts
Negligent Hiring
Negligent Maintenance

Jane Doe and Mary Doe, a minor v. Pacifica Escondido, LLC d/b/a Mountain Crest Town Houses and Beacon Property Management, Inc.

Published: Jan. 19, 2005 | Result Date: Aug. 6, 2003 | Filing Date: Jan. 1, 1900 |

Case number: SCVSS88349 Bench Decision –  $0

Judge

W. Robert Fawke

Court

San Bernardino Superior


Attorneys

Plaintiff

John A. Henley


Defendant

Drew T. Hanker


Experts

Plaintiff

Nick Andonov
(technical)

Mr. E. Robert Miller
(technical)

Defendant

Daniel R. Sullivan
(Sullivan Ballog & Williams LLP) (technical)

Gary R. Holme
(technical)

Facts

Plaintiff Jane Doe and her 4-year-old daughter lived at the Mount Crest Town Houses in Fontana. The property was managed by defendant Pacifica Escondido LLC. In January 2002, the plaintiff was sexually assaulted by a maintenance porter who had been hired by the defendant and lived on the property. The porter is awaiting trial for breaking and entering, aggravated assault and rape. The plaintiff sued the defendant for negligent hiring, negligent maintenance and respondeat superior.

Injuries

The plaintiff suffered bruising, lacerations and knife wounds. She also claimed emotional distress. The plaintiff's daughter, who witnessed the attack, sought damages for emotional distress.


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