Doe v. Manheimer

563 A.2d 699, 212 Conn. 748, 1989 Conn. LEXIS 260
CourtSupreme Court of Connecticut
DecidedAugust 22, 1989
Docket13628
StatusPublished
Cited by190 cases

This text of 563 A.2d 699 (Doe v. Manheimer) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Manheimer, 563 A.2d 699, 212 Conn. 748, 1989 Conn. LEXIS 260 (Colo. 1989).

Opinion

Glass, J.

The difficult issue in this case is whether a landowner may be liable in tort for damages arising from the rape of a pedestrian committed on the landowner’s property behind brush and trees that shielded the area from view from the nearby public sidewalk and street.

I

The plaintiff, Jane Doe, worked as a meter reader for the Connecticut Light and Power Company in New London. On July 30,1984, her employers assigned her to work in the Green Street area. At approximately 8 a.m., as she walked along Green Street, she observed a man on the opposite sidewalk who appeared to be looking for directions. She crossed the street to offer assistance. As she came near, the man, a stranger, reached into a satchel, removed a gun, and held it against her. He forced her from the sidewalk through a paved vacant lot that abutted the street. The man then forced her onto adjacent property owned by the named defendant (hereinafter defendant) some fifty to seventy feet from the sidewalk. The defendant’s property extended approximately six and three-quarter feet from the side of his building to the lot boundary parallel to the building. The area into which the plaintiff was forced was bounded by the defendant’s building on one side and a retaining wall in the rear. On the other side, overgrown sumac bushes and tall grass shielded the area from view from the sidewalk and street.

[750]*750Behind the sumac bushes, the abductor viciously assaulted and raped the plaintiff for thirty minutes. In the commission of the assault, the abductor used various items, including a rope and rubber gloves, which he had carried with him in his satchel. His possession of these items suggested that the sexual assault had been planned. The assailant fled after committing the crime and has never been identified or caught. The effect of the sexual assault upon the plaintiff has been severe. She has attempted suicide on several occasions. Her emotional and psychiatric problems have required and continue to require hospital confinement.

The plaintiff brought an action against the defendant for personal injuries sustained in the assault. The complaint alleged causes of action based on common law negligence, statutory negligence and public nuisance. In essence, she claimed that the defendant had failed to remove the overgrown vegetation although he knew or should have known that, because the neighborhood was a high crime area, third persons might use the overgrowth to conceal the perpetration of crimes against pedestrians. She asserted that, had the overgrowth not been present, the area in which the assault occurred would have been visible to passing motorists and pedestrians. Consequently, she alleged, the overgrowth caused and contributed to the assault and the duration of the assault.

The action was tried to a jury before the court, Walsh, J. Several witnesses described the neighborhood where the sexual assault had been committed as a high crime area. Another rape had occurred in a neighborhood building about three months prior to the sexual assault against the plaintiff. Approximately fourteen months prior to the assault, Clara Manheimer, the defendant’s ninety year old mother, had been bound, gagged and robbed in the package store at the front [751]*751of the huilding on the defendant’s property. Prostitution and drug dealing were more prevalent in that section of New London than in other sections. Further, derelicts and homeless people frequented the site where the assault occurred and the adjacent vacant lot through which the plaintiff had been forced from the sidewalk. Various debris littered the area, including liquor and wine bottles and cans. Street people had scattered cardboard boxes, mattresses and blankets that they used when they slept there at night. There was also evidence that on occasion, some of those people had been compensated with free liquor for cleaning the vacant lot. The police frequently had removed from the area people too drunk to care for themselves.

In addition to testimony concerning the assault and the condition of the site, the plaintiff presented George Rand, an environmental psychologist. Rand testified that he personally examined the location of the assault, the surrounding neighborhood, and, for lack of a better term, the cultural activities and history of the area. He testified that, in his opinion, the physical configuration of the specific site increased the risk of violent crimes between strangers by creating a “protective” zone that reduced or eliminated visibility and, hence, served as an inducement for crime. He summarized the results of his study by testifying that “I’ve analyzed the local site, the sub area, the presence of adult entertainment, activities, sexually oriented businesses. I’ve looked at prior crimes. . . . The fact that it is an area of the city with a relatively high incidence of crime. And I . . . assumed as a result of those observations that there was a persistent and inappropriate use of that site based on the evidence that it was periodically and frequently used by drunks .... There was fighting. Police came. A history of complaints. All those things [752]*752indicate a condition of environmental disorder that I would contend is potentially related to increasing the risk of crime.”

Melvin Jetmore, a building official for the city of New London and one of the authors of the housing code, testified for the plaintiff that the site of the defendant’s property where the rape had occurred violated the housing code due to the presence of an “obnoxious” overgrowth of sumac trees and brush, and various debris including papers, shingles and broken glass. Jetmore testified that prior to the assault, New London had notified the defendant in March, 1983, and again in February, 1984, of the housing code violations, and that Jetmore had specifically told the defendant to remove all the debris and broken glass and “cut all the bushes and trees down.” The defendant, however, did not correct the violations.

The plaintiff also presented conflicting testimony concerning the “purpose” of the pertinent housing code provisions.1 Jetmore testified that the relevant provi[753]*753sions of the city housing code were designed to prevent deterioration and “blight” and to keep property clear of “nuisances and hazards to the safety of occupants, pedestrians and so forth.” Further, Robert Finn, a housing code officer for the town of Plainville, testified initially that in his opinion, it was a function of the housing code to eliminate such hazards as “possible places for concealment of criminal activity.” On recross-examination, however, Finn contradicted himself, and testified that it was not a purpose of the housing code to prevent the concealment of persons who intend to commit criminal activity. He concluded, “I can’t say that those trees should be removed because of an anticipated crime. But, they should be removed because they violate the code.”

At the close of the plaintiff’s case, the defendant rested without presenting evidence and moved for a directed verdict. The trial court reserved a decision on the defendant’s motion. Thereafter, the jury returned a general verdict in favor of the plaintiff, and awarded her $540,000 in damages. The parties did not seek separate verdicts on either count, or request the submission of interrogatories to the jury. Subsequently, however, the trial court set aside the verdict on the defendant’s motion.

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Bluebook (online)
563 A.2d 699, 212 Conn. 748, 1989 Conn. LEXIS 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-manheimer-conn-1989.