Morgan v. Dalton Management Co.

454 N.E.2d 57, 117 Ill. App. 3d 815, 73 Ill. Dec. 313, 1983 Ill. App. LEXIS 2251
CourtAppellate Court of Illinois
DecidedSeptember 8, 1983
Docket82-2878
StatusPublished
Cited by22 cases

This text of 454 N.E.2d 57 (Morgan v. Dalton Management Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morgan v. Dalton Management Co., 454 N.E.2d 57, 117 Ill. App. 3d 815, 73 Ill. Dec. 313, 1983 Ill. App. LEXIS 2251 (Ill. Ct. App. 1983).

Opinion

JUSTICE JIGANTI

delivered the opinion of the court:

This action requires the court to determine whether a landlord owes a duty to his tenant to prevent other tenants from tortiously injuring her in common areas of an apartment building. The plaintiff, Erlene Morgan, brought suit for personal injuries and permanent disfigurement against her landlord, Dalton Management Company, and her assailant, David Hunter. The circuit court dismissed the count of the plaintiff’s complaint pertaining to Dalton because it found that no legal duty flowed from Dalton to the plaintiff to prevent Hunter from harming the plaintiff. The plaintiff now appeals from the trial court’s dismissal of the count of her complaint relating to Dalton. Dalton is the only defendant who is a party to this appeal.

Both the plaintiff and Hunter were tenants in the same apartment building. The building was managed and maintained by the defendant Dalton. Another individual named Tony McClerty lived with Hunter and apparently was a nontenant who had not signed a lease with Dalton. In September 1979, McClerty kicked in the locked door of the plaintiff’s apartment. The plaintiff reported this incident to Dalton and to the police. This incident between McClerty and the plaintiff is the only altercation which occurred between the two individuals. Hunter twice threatened to harm the plaintiff if she did not avoid Mc-Clerty. The record is void of any reference as to where these threats took place. The plaintiff reported the two incidents to a maintenance engineer who was employed by the defendant and who was stationed in the apartment building. During neither threatening incident did Hunter attempt to harm the plaintiff on her property. On October 31, 1979, Hunter threw acid at the plaintiff while they were both riding in an elevator in the apartment building. The plaintiff suffered personal injuries and disfigurement.

Clause 8 of the plaintiff’s lease with Dalton provides:

“8. TENANT’S USE OF APARTMENT. The Apartment shall be occupied solely, for residential purposes by Tenant, those other persons specifically listed in the Application for this Lease, and any children which may be born to or legally adopted by Tenant. Unless otherwise agreed in writing, guests of Tenant may occupy the Apartment in reasonable numbers for no more than three weeks each during each year of the Term hereof. Neither Tenant nor any of these persons shall perform nor permit any practice that may damage the reputation of or otherwise be injurious to the Building or neighborhood or be disturbing to other tenants, be illegal, or increase the rate of insurance on the Building.”

On appeal, the plaintiff raises three arguments in support of her contention that Dalton owed a legal duty to her to prevent Hunter from harming her. First, the plaintiff maintains that such a duty arose because Hunter and McClerty violated the lease agreement and therefore, her injury was causally connected to the apartment building. Second, the plaintiff argues that, because the lease disclosed a voluntary undertaking by Dalton to preclude tenants from disturbing each other, Dalton negligently performed its affirmative undertaking by failing to prevent the plaintiff’s injuries. In support of her first two arguments, the plaintiff contends that Dalton had notice of Hunter’s prior threats and of the door kicking incident perpetrated by Mc-Clerty; that the attack upon the plaintiff in a common area of the building was foreseeable; and that despite Dalton’s knowledge that the plaintiff feared for her safety, Dalton did nothing to prevent the attack on October 31. As a final and alternative argument, the plaintiff asks this court to find that the landlord-tenant relationship is a “special relationship,” such as that recognized in regard to such business relationships as carrier-passenger and inn-keeper-guest, in which the landlord would possess a more rigorous duty to protect his tenants.

Both the plaintiff and the defendant agree that in Illinois, a landlord generally has no duty to safeguard its tenants from the criminal acts of third persons. (Pippin v. Chicago Housing Authority (1979), 78 Ill. 2d 204, 399 N.E.2d 596; Cross v. Chicago Housing Authority (1979), 74 Ill. App. 3d 921, 393 N.E.2d 580, aff’d (1980), 82 Ill. 2d 313, 412 N.E.2d 472.) However, exceptions have been carved from the general rule and it is in the application of those exceptions that the plaintiff and the defendant part company. The plaintiff relies upon the duty that was imposed upon the landlord in Stribling v. Chicago Housing Authority (1975), 34 Ill. App. 3d 551, 340 N.E.2d 47. In Stribling, the apartments on either side of the plaintiffs’ apartment were vacant and unsecured. The plaintiffs were burglarized three times when third parties demolished a common wall between the plaintiffs’ apartment and one of the vacant apartments. The landlord knew of the condition of the vacant apartment after the first burglary but did nothing. The court found that the landlord had no duty to protect against the first burglary. However, the court found that the complaint alleged a duty to protect against the second and third burglaries under these “bizarre” facts and that such a duty arose because, “after defendants had notice of the original burglary and the means used in effecting the burglary, the fact that another burglary could happen in the same fashion became eminently foreseeable.” (Stribling v. Chicago Housing Authority (1975), 34 Ill. App. 3d 551, 556, 340 N.E.2d 47, 50.) A later decision observed that the duty recognized in Stribling arose due to the direct connection between the plaintiffs’ injuries and the physical condition of the leased property itself. See Smith v. Chicago Housing Authority (1976), 36 Ill. App. 3d 967, 344 N.E.2d 536.

It is fundamental that there can be no recovery in tort for negligence unless the defendant has breached a duty owed to the plaintiff. (Boyd v. Racine Currency Exchange, Inc. (1973), 56 Ill. 2d 95, 306 N.E.2d 39.) Whether such a duty exists is a question of law to be decided by the trial court. (Fancil v. Q.S.E. Foods, Inc. (1975), 60 Ill. 2d 552, 328 N.E.2d 538.) In determining the existence of a duty, the court must consider the foreseeability of the injury, the magnitude of the burden of guarding against the injury and the consequences of placing that burden upon the defendant. Trice v. Chicago Housing Authority (1973), 14 Ill. App. 3d 97, 302 N.E.2d 207; see also Cunis v. Brennan (1974), 56 Ill. 2d 372, 308 N.E.2d 617.

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Bluebook (online)
454 N.E.2d 57, 117 Ill. App. 3d 815, 73 Ill. Dec. 313, 1983 Ill. App. LEXIS 2251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-dalton-management-co-illappct-1983.