Dickinson Arms-Reo, L.P. v. Campbell

4 S.W.3d 333, 1999 Tex. App. LEXIS 7199, 1999 WL 740568
CourtCourt of Appeals of Texas
DecidedSeptember 23, 1999
Docket01-97-01190-CV
StatusPublished
Cited by36 cases

This text of 4 S.W.3d 333 (Dickinson Arms-Reo, L.P. v. Campbell) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dickinson Arms-Reo, L.P. v. Campbell, 4 S.W.3d 333, 1999 Tex. App. LEXIS 7199, 1999 WL 740568 (Tex. Ct. App. 1999).

Opinions

OPINION

MIRABAL, Justice.

This is an appeal of a money judgment in a premises liability case that involved a car-jacking and murder in the parking lot of an apartment complex. The plaintiffs’ complaint was that the landlord failed to provide adequate security against criminal conduct. The trial court rendered judgment on the jury verdict in favor of the plaintiffs in the amount of $341,000. We affirm.

BACKGROUND

On June 15, 1994, the decedent, Joe Darin Campbell, and his girlfriend, Jenny Cady, were at a club. They left the club at about 12:00 midnight in separate cars. Cady asked Campbell to meet her at her apartment at the Dickinson Arms Apartments that night. Cady was delayed in going home because she had to take a friend home first. At about 2:30 a.m. she arrived at her apartment complex and learned that Campbell had been murdered.

On that same evening, 16-year-old Donald Nichols and 16-year-old Jeremy Gart-rell went to the Dickinson Arms Apartments to visit Gartrell’s friend, Jesse, who lived in apartment no. 69 with several other individuals, including Stacy Hughes. Gartrell had a .22 caliber pistol with him. According to Nichols, Jesse and some other guys who lived at Dickinson Arms were members of either the Brown Assassins or LaRaza gangs. Approximately 15 to 20 people had gathered at Jesse’s apartment for a Brown Assassins get-together.

As Gartrell and Nichols were leaving Jesse’s apartment, they saw Campbell in his pickup truck in a parking space. Gart-rell told Nichols that he was going to “jack” the truck. Gartrell and Nichols [336]*336split up, and, as Nichols walked away, he heard Gartrell and Campbell arguing and heard the gun go off. Nichols was afraid and began to run. Gartrell then drove up in Campbell’s truck and told Nichols to get in. Nichols got in the truck and they drove away.

Gartrell pled guilty to murder and was sentenced to 50 years confinement. Nichols pled guilty to aggravated robbery and was sentenced to 25 years confinement.

Campbell’s mother, Lillie Campbell, and his father, Joe Winston Campbell, individually and as administrator of his son’s estate, filed suit against the owners of Dickinson Arms Apartments, and against the company that managed the apartments. (“Dickinson Arms” or defendants). Plaintiffs alleged negligence and gross negligence on the part of defendants. The court granted a directed verdict in favor of defendants on the issue of gross negligence, and that part of the judgment has not been appealed. With regard to the negligence cause of action, plaintiffs pled the following:

On the occasion in question, and as described above, Defendants, acting by and through their agents, servants and/or employees, owed JOE DARIN CAMPBELL, Deceased, a duty to take reasonable steps to protect him from intentional injuries caused by third parties if said Defendants, acting by and through their agents, servants and/or employees, knew or had reason to know, from what they had observed or from past experience, that criminal acts were likely to occur, either generally or at some particular time, such as the incident in question. Despite the high crime rate in the area and the repeated incidents of criminal activity at the Dickinson Arms Apartments, Defendants failed to adequately maintain the premises as to make it reasonably safe for tenants and their guests such as JOE DARIN CAMPBELL. Defendants knew or had reason to know that the premises in question were unsafe and created a dangerous environment for Plaintiff. The evidence will show the Defendants failed to adequately warn tenants and their guests of the dangers present at Dickinson Arms Apartments. The negligence of the Defendants includes, but is not limited to, the failure to maintain the property and common areas in a reasonably safe manner, the failure to provide and/or implement reasonable security measures and devices, the failure to make reasonable inquiry and investigation into the history of crime and criminality on or about the subject premises, the failure to implement adequate policies and procedures to be followed by the Defendant’s agents and/or employees relating to security issues, and the failure to remove, eliminate or abate the dangerous conditions present. Such conduct constitutes negligence and was a proximate cause of Mr. Campbell’s death and the injuries and damages sustained not only by Mr. Campbell, but also by his parents, JOE WINSTON CAMPBELL and LILLIE CAMPBELL.

The negligence issue was tried to a jury, which found in favor of plaintiffs. This appeal followed.

DISCUSSION

Invitee Status

In their first issue, defendants assert the trial court erred in ruling that decedent Campbell was an “invitee” as a matter of law. Defendants contend that Campbell was a “licensee” only.

The Texas Supreme Court has clearly held that the duty owed by a landlord to its tenant is the duty owed to an invitee, and this duty of the landlord extends to the tenant’s invited guests. Parker v. Highland Park, Inc., 565 S.W.2d 512, 518-15 (Tex.1978). Even though the tenant was not accompanying Campbell at the time of the car-jacking, the evidence is uncontroverted that Campbell was present at the apartments as a result of being [337]*337invited as a guest by his girlfriend, a tenant of the apartments. Therefore, Campbell was an “invitee” as a matter of law.

We overrule issue one.

Sufficiency of Evidence— Proximate Cause

In their second issue, defendants assert the evidence was insufficient to support the jury’s finding that defendants’ negligence was a proximate cause of the incident. We apply the usual standards of review for addressing legal and factual insufficiency of evidence claims.'" See Sherman v. First Nat’l Bank, 760 S.W.2d 240, 242 (Tex.1988) (legal sufficiency of evidence standard of review); Cain v. Bain, 709 S.W.2d 175, 176 (Tex.1986) (factual sufficiency of evidence standard of review).

The jury charge included the following jury questions and relevant instructions (jury’s answers are shown in parentheses):

“NEGLIGENCE,” when used with respect to the conduct of DICKINSON ARMS-REO, L.P. and INSIGNIA MANAGEMENT GROUP as the owner and management company for the Dickinson Arms Apartments means the failure to use ordinary care to reduce or eliminate an unreasonable risk of harm created by a premises condition that the owner or occupier knows about or in the exercise of ordinary care should know about.
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“ORDINARY CARE,” when used with respect to the conduct of DICKINSON ARMS-REO, L.P. and INSIGNIA MANAGEMENT GROUP as the owner and management company for the Dickinson Arms Apartments means that degree of care that would be used by an owner or occupier of ordinary prudence under the same or similar circumstances.
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“PROXIMATE CAUSE” means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred.

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Bluebook (online)
4 S.W.3d 333, 1999 Tex. App. LEXIS 7199, 1999 WL 740568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickinson-arms-reo-lp-v-campbell-texapp-1999.