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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