Nixon v. Mr. Property Management Co.

690 S.W.2d 546, 28 Tex. Sup. Ct. J. 384, 1985 Tex. LEXIS 852
CourtTexas Supreme Court
DecidedMay 1, 1985
DocketC-3425
StatusPublished
Cited by7,735 cases

This text of 690 S.W.2d 546 (Nixon v. Mr. Property Management Co.) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nixon v. Mr. Property Management Co., 690 S.W.2d 546, 28 Tex. Sup. Ct. J. 384, 1985 Tex. LEXIS 852 (Tex. 1985).

Opinions

HILL, Chief Justice.

This is an action for damages filed on behalf of a minor, R.M.V., against Mr. Property Management Company and Brett Davis. R.M.V. was raped in a vacant unit of the defendants’ apartment complex. She was not a resident or a guest at the complex. The trial court granted Mr. Property and Brett Davis’ motion for summary judgment. The court of appeals affirmed the judgment. 675 S.W.2d 585. We reverse the judgments of the courts below and remand the cause to the trial court for a trial on the merits.

Background

R.M.V., age 10, resided at the Landmark Apartments. At about 7:00 p.m. on August 7, 1981, while it was still light, a young man abducted R.M.V. from a sidewalk outside the Landmark Apartments and dragged her to the Chalmette Apartments, located diagonally across the street from the Landmark Apartments. According to R.M.V.’s affidavit, her assailant took her “directly to a vacant apartment at Chalmette Apartments.” There, he raped her, put her in the closet, told her not to leave, and disappeared. There are no other known witnesses. Chalmette Apartments learned of the incident later that night when a police officer spoke to the maintenance man and the resident manager.

[548]*548There was evidence concerning the unit’s dilapidated condition. The responding officer, George Tilley, stated in his affidavit that: “The glass was broken from the windows and the front door was off its hinges. The apartment unit in question was empty, filthy, dirty and full of debris.” In his deposition, Brett Davis, the owner of Chal-mette Apartments, admitted that leaving doors off hinges and windows without panes would tend to encourage vagrants to occupy these apartments. Gene Jacobson, president of Mr. Property Management Company, stated in his deposition that one reason for securing vacant units was to prevent this type of crime from occurring. The testimony was as follows:

Q. What is the reason why you should keep doorknobs on doors of vacant apartments?
A. Numerous reasons. One, I would say, to secure — Okay_
Q. Any other reason?
A. I think there are many reasons. One of the reasons would be for the simple reason we’re here.

A Dallas City Ordinance established minimum standards for landowners:

SEC. 27-11. MINIMUM STANDARDS, RESPONSIBILITIES OF OWNER.
(a) Property standards. An owner shall:
(6) keep the doors and windows of a vacant structure or vacant portion of a structure securely closed to prevent unauthorized entry.

Revised Code of Civil and Criminal Ordinances of the City of Dallas § 27.11(a)(6).

The summary judgment evidence included a list of police incident reports concerning the Chalmette Apartments during the two years prior to the rape. Police had investigated numerous crimes committed at the complex including one attempted murder, two aggravated robberies, two aggravated assaults, sixteen apartment burglaries, four vehicle burglaries, four cases of theft, five cases of criminal mischief, and one auto theft.

Gaile Nixon, R.M.V.’s mother and next friend, filed suit alleging that Mr. Property Management Company, Inc., and Brett Davis (manager and owner, respectively, of Chalmette Apartments) and I.V. Investment, Inc. and James R. Liddle (manager and owner, respectively, of Landmark Apartments) were liable in tort for R.M. V.’s injuries. Nixon settled with the Landmark Apartment interests. Brett Davis purchased Chalmette Apartments in March of 1981. He hired Mr. Property to manage the complex near the end of that month.

Nixon contends that Mr. Property and Brett Davis (for convenience both parties will be referred to as Mr. Property) owed R.M.V. a duty of reasonable care which duty was breached. She further alleged that such breach was a proximate cause of the rape and resulting injuries because this crime was reasonably foreseeable under all the attending circumstances.

The trial court sustained Mr. Property’s motion for summary judgment and rendered judgment that Nixon take nothing. In affirming the trial court’s judgment, the court of appeals held that, since R.M.V. was on Mr. Property’s property without its knowledge and consent, R.M.V. was a trespasser and Mr. Property’s duty toward her was no greater than not to injure her willfully, wantonly, or through gross negligence. The court also held that the condition of the apartment complex was not a proximate cause of the rape because R.M. V.’s abduction and rape were not a reasonably foreseeable consequence thereof.

Summary Judgment

This is an appeal from a summary judgment. The standards for reviewing a motion for summary judgment are well established. As mandated by this court, they are:

1. The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law.
2. In deciding whether there is a disputed material fact issue precluding [549]*549summary judgment, evidence favorable to the non-movant will be taken as true.
3. Every reasonable inference must be indulged in favor of the non-movant and any doubts resolved in its favor.

Montgomery v, Kennedy, 669 S.W.2d 309, 310-11 (Tex.1984); Wilcox v. St. Mary’s University of San Antonio, 531 S.W.2d 589, 592-93 (Tex.1975). See also City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671 (Tex.1979).

Duty

In this case, the question of what duty Mr. Property owed to R.M.V. is answered by the ordinance. This ordinance legislatively imposes a standard of conduct which we adopt to define the conduct of a reasonably prudent person. Moughon v. Wolf, 576 S.W.2d 603, 604 (Tex.1978); Missouri Pac. R. Co. v. American Statesman, 552 S.W.2d 99, 103 (Tex.1977). The unexcused violation of a statute or ordinance constitutes negligence as a matter of law if such statute or ordinance was designed to prevent injury to the class of persons to which the injured party belongs. Id. A reasonable interpretation of this ordinance is that it was designed to deter criminal activity by reducing the conspicuous opportunities for criminal conduct. In fact, Mr. Property’s president testified that one reason vacant apartment units should be secured is to prevent this type of criminal activity. An ordinance requiring apartment owners to do their part in deterring crime is designed to prevent injury to the general public. R.M.V. falls within this class. Since the ordinance was meant to protect a larger class than invitees and licensees, and since R.M.V. committed no wrong in coming onto the property, these premise liability distinctions are irrelevant to our analysis.

Using the mandated standard for reviewing summary judgment, we conclude that a genuine issue of material fact exists as to Mr. Property’s breach of duty.

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Bluebook (online)
690 S.W.2d 546, 28 Tex. Sup. Ct. J. 384, 1985 Tex. LEXIS 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nixon-v-mr-property-management-co-tex-1985.