TW v. Regal Trace, Ltd.

908 So. 2d 499, 2005 WL 1398134
CourtDistrict Court of Appeal of Florida
DecidedJune 15, 2005
Docket4D04-1725
StatusPublished
Cited by11 cases

This text of 908 So. 2d 499 (TW v. Regal Trace, Ltd.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
TW v. Regal Trace, Ltd., 908 So. 2d 499, 2005 WL 1398134 (Fla. Ct. App. 2005).

Opinion

908 So.2d 499 (2005)

T.W. and K.W., Appellants,
v.
REGAL TRACE, LTD., Milton Jones Development Corp., Milton Jones Management Corp., Wm. Meredith Tr., Inc., and Mary Christiansen, Appellees.

No. 4D04-1725.

District Court of Appeal of Florida, Fourth District.

June 15, 2005.
Rehearing Denied August 23, 2005.

*501 Adam Lawrence of Lawrence & Daniels, Miami, and Malove & Kaufman, P.A., Fort Lauderdale, for appellants.

Warren B. Kwavnick and David F. Cooney of Cooney, Mattson, Lance, Blackburn, Richards & O'Connor, P.A., Fort Lauderdale, for appellees.

PER CURIAM.

T.W. and K.W. appeal from the entry of a final summary judgment in favor of Regal Trace, Ltd., Milton Jones Development Corporation, and Milton Jones Management Corporation (collectively "Regal Trace"). T.W. and K.W. contend that summary judgment was inappropriate because Regal Trace, the apartment complex at which daughter and mother were tenants, and its ownership and management, had a duty to warn about and a duty to investigate a child molester operating at the complex and believed to be a tenant. We agree that Regal Trace had a duty to warn T.W. and K.W., but not that Regal Trace had a duty to investigate the perpetrator. As such, we reverse the summary judgment.

T.W. and K.W. filed suit against Regal Trace, and other entities and individuals that are not pertinent to this appeal, for negligence, including failure to protect tenants from reasonably foreseeable criminal activity and failure to warn tenants about criminal activity on the premises, based on the following factual allegations. K.W. and her three children, including T.W., were tenants of Regal Trace, an apartment complex in Fort Lauderdale. On March 4, 2000, Hassan Davis, who resided in Apartment 1605, sexually assaulted a nine-year-old girl, K.G., after luring her with toys into a complex meter room. Regal Trace knew or should have known about the incident, but failed to advise tenants that it had occurred. On March 20, 2000, T.W. left Regal Trace for school through an opening in the complex's perimeter fence. Davis followed her as she walked to school. Davis eventually approached T.W., took her to an abandoned building, and sexually assaulted her.

Regal Trace filed a motion for summary judgment, asserting that the material facts were not in dispute: T.W. and two brothers were walking to school unsupervised; Davis approached them three blocks from the complex; Davis instructed the boys that T.W. would join them later; and Davis took T.W. to an abandoned building and sexually assaulted her. Attached to the motion was a Regal Trace incident report regarding K.G. that stated Regal Trace had been informed that K.G. was "raped on the property by some guy that she has seen before, and someone she knows." Depositions were also attached, including that of Mary Jones, the property manager at Regal Trace at the time. She testified that during her time as manager, only one alleged crime came to her attention, and that was the incident involving K.G. Jones explained that a tenant called to inform her of the incident, that she told the tenant that K.G.'s mother should call, and that K.G.'s mother called and directed Jones to her attorney for information. Jones further testified that law enforcement contacted her a few days after the incident, but provided her with few details. Law enforcement emphasized that the incident was a matter for the police and instructed her not to inform tenants of the incident because hysteria might result and the details of the incident were unclear. Jones stated that after the incident with *502 T.W., a flyer with a description of the suspect was circulated to residents, and the flyer quickly led to the arrest and eviction of Davis.

T.W. and K.W. presented several depositions in opposition to the motion for summary judgment. In K.W.'s deposition, she testified that she did not learn of the incident with K.G. until after T.W. was assaulted. Furthermore, when asked what Regal Trace did wrong, she responded:

For one, they didn't aware [sic] the community of the situation. They put out notices for everything else, I mean everything; newsletters, crime watch meetings. This—I mean, little things, they put out letters for.
So if there was an incident that happened prior to my daughter, why couldn't they have put out a letter stating that this—there has been an incident in the complex, to be aware of your kids. You think I'm going to let my daughter walk to school if I know that someone has been attacked at that complex or in the neighborhood?

In his deposition, Milton Jones, the owner of Milton Jones Development and Milton Jones Management, testified that he could not say whether there was any criminal activity about which he would want his property manager to advise tenants. He indicated that the incident with K.G. was not reported to him or Mary Jones because K.G.'s mother referred Mary Jones to her attorney.

Three other depositions in opposition are also significant. In her deposition, T.W. stated that she and her brothers were slipping through the fence to walk to school when she saw Davis. She then saw Davis follow them through the fence and down the street. In her deposition, K.G.'s mother, I.G., testified that she told Regal Trace about the incident with K.G. and never instructed Regal Trace to speak with her attorney. In her deposition, K.G. indicated that she was playing outside at Regal Trace when a man approached her and lured her into a meter room with the promise of a toy he retrieved from an upstairs apartment in the 1600 building and then raped her.

T.W. and K.W. additionally filed an affidavit from a police management and security consultant, which stated:

Regal Trace was not relieved of its security obligations to its tenants by virtue of Detective Long's alleged instructions `not to get involved.' The undersigned doubts Detective Long really said this in the way Regal Trace allegedly interpreted it: as a directive to Regal Trace to do nothing to protect its residents from further assaults. It would be contrary to customary and reasonable police procedure for a police officer to discourage a residential apartment manager from taking reasonable steps to prevent further assaults on its juvenile residents while the police investigation was underway. Even if Regal Trace believed that this is what Detective Long meant, no reasonable residential property manager in Regal Trace's position would feel legally bound by such a statement to do nothing to protect its residents, on its own private property, from future criminal assaults.

The trial court granted Regal Trace's motion for summary judgment and entered an order of final summary judgment.

The standard of review applicable to orders on summary judgment is de novo. See Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130 (Fla.2000); Shreffler v. Philippon, 873 So.2d 1280, 1281 (Fla. 4th DCA 2004). "Summary judgment is proper if there is no genuine issue of material fact and if the moving party is entitled to a judgment as a *503 matter of law." Aberdeen, 760 So.2d at 130.

"The duty element of negligence focuses on whether the defendant's conduct foreseeably created a broader `zone of risk' that poses a general threat of harm to others." McCain v. Florida Power Corp., 593 So.2d 500, 502 (Fla.1992).

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Cite This Page — Counsel Stack

Bluebook (online)
908 So. 2d 499, 2005 WL 1398134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tw-v-regal-trace-ltd-fladistctapp-2005.