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Personal Injury
Premises Liability
Wrongful Death

Diana Bodish, John Spray, Emily Lahee, and Edwin Spray, Successors in Interest to Terry "Rex" Spray, Deceased v. Timothy Stewart, Normandy Apartments LLC, and Does 1 to 100, inclusive

Published: Oct. 8, 2016 | Result Date: Sep. 6, 2016 | Filing Date: Jan. 1, 1900 |

Case number: CGC-14-538591 Summary Judgment –  Defense

Court

San Francisco Superior


Attorneys

Plaintiff

Thomas W.J. Purtell
(The Law Offices of Thomas W. J. Purtell)


Defendant

Brian R McClellan
(Law Office of Brian R. McClellan)


Facts

On Aug. 3, 2012, Terry "Rex" Spray was violently attacked by Timothy Stewart in the underground parking garage of an apartment complex located in San Francisco. Both men were residents of the building. Spray lay unconscious for approximately five hours before he was discovered. He suffered head injuries, and ultimately died. Spray's siblings sued Stewart and Normandy Apartments, the property owner.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Normandy Apartments owed Spray a duty to warn of third-party criminal assaults in the parking garage as well as a duty to monitor the garage's security cameras.

They asserted causes of action for wrongful death, wrongful death-survival action, negligence, negligence-premises liability, and battery.

DEFENDANT'S CONTENTIONS:
Normandy Apartments contended that it did not owe Spray any duty because violent assaults in the garage were not foreseeable.

Result

The court granted defendant's motion for summary judgment.

Other Information

FILING DATE: April 11, 2014.


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