Confidential

Facts

FACTS ACCORDING TO THE PLAINTIFF: In the evening of May 30, 1996, the decedent was in his apartment with the 15-year-old daughter of the apartment managers. At approximately 11 p.m., the apartment managerÆs husband went to the decedentÆs apartment after his wife and daughterÆs ex-boyfriend had arrived there. When he arrived, his wife and daughterÆs ex-boyfriend were arguing with the decedent, who was standing in the doorway of the decedentÆs apartment.
The husband approached the decedent from the side of the darkened porch and, without warning, shot the decedent in the left side in the heart with a .38 caliber firearm.
FACTS ACCORDING TO THE DEFENDANT: The shooting occurred when the decedent was confronted by the husband of the apartment manager. The daughter was a ôguestö of the decedent.
Prior to the confrontation, sheriffs were called to the scene because the father believed that the decedent and his daughter were engaged in sexual relations. When the sheriffÆs department responded to the apartment, the decedent failed or refused to answer the door, and the sheriffs eventually left the scene.
Subsequently, the father went to the apartment, the decedent confronted the father in what appeared to be an intoxicated state. The father discovered that his daughter was indeed in the apartment. An argument ensued, and the father pulled a weapon and shot the decedent.
The decedent was a transferee of defendant community college. Decedent was told he could try out for the college basketball team during the summer of 1996. Decedent was sharing the apartment with two other persons who were tenants.

The plaintiff contended that defendant apartment manager was hired, along with his wife, to serve as resident managers of the defendant apartment complex; provide security on the property; intercede and resolve disputes amongst tenants; and police the property, despite the fact that the husband had a prior firearms conviction for firing a handgun at his son during a domestic dispute.
The plaintiff also claimed that the apartment complex board of directors bragged to its ownership that the apartment manager could make the property more desirable by helping to remove African-American tenants who moved to the apartment from South Central.
The plaintiff alleged that from the time apartment manager was hired, up until he shot and killed the decedent, the apartment owners repeatedly ignored tenant complaints and warnings that the apartment manager and his wife were repeatedly threatening African-American and Latino tenants and guests with guns. Their refusal to intercede and end the racial violence served to encourage the apartment manager to step up his harassment, which culminated in the shooting of the decedent.
DEFENDANT CONTENTIONS:
Defendant apartment ownerÆs association contended that the defendant apartment manager was not their employee and that if he was, the shooting of the decedent was a purely personal dispute, unrelated to his job duties.
Defendant apartment ownerÆs association also contended that the shooting was partly motivated by self-defense (the crime of which the shooter was convicted included a finding that he reasonably believed he was in fear for his own safety), and the shooting would never had happened if the decedent did not have the fatherÆs underage daughter in his apartment, drinking and engaging (or attempting to engage) in sexual relations.
The defendants also contended that many of the supposed ôtenant complaintsö were either never substantiated or were exaggerated. One of the tenants who supposedly complained testified in the shooterÆs criminal trial that she had a good relationship with the apartment manager and her husband, and in fact sought personal advice and counseling from them.
Defendant community college claimed that it could not be held liable for the death of the decedent because his death did not occur on school grounds or during a school-authorized trip or event.
Further, the decedentÆs parents both testified that their son had never told them that he was concerned about the racial atmosphere at the apartment complex, he had never received any treats against him and he did not fear for his safety.

Other Information

<e>PlaintiffÆs property management standard of care expert, David Redford, testified that defendant apartment owners association should have terminated and evicted defendant apartment manager and his wife when it learned of their threats of violence against tenants and guests. Donnie Daniels, assistant basketball coach, testified that decedent exhibited significant skill as a basketball player, with professional level talent. Defense expert Bob Gibbons, testified that the decedent exhibited even more athletic ability. DefendantÆs property management standard of care expert testified that defendants did not breach any standard of care in dealing with the apartment manager and her husband. Additionally, since this was a condominium association, and the defendant association was not the landlord of either the manager or her husband, the association could not have evicted the manager and her husband. DefendantÆs expert, Marty Blake, head of talent scouting for the National Basketball Association, testified that there was no chance that the decedent would have ever had a professional career, because of his lack of size, skills and temperament. DefendantÆs expert, Bob Gibbons, testified that the decedent might have been a good mid-level college basketball player, but nothing more.</e>