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Re: [infoguys-list] rape

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  • robyn herring
    Amy: Dava is severely handicapped. She should have been given the keys she needed. She may not have been able, in her state of mind, to buzz for help. I m
    Message 1 of 8 , Oct 7, 2003
      Amy: Dava is severely handicapped. She should have been given the keys she needed. She may not have been able, in her state of mind, to buzz for help. I'm rather certain from the sounds of this that she is probably not capable of making quick moves, or maybe she was totally mentally "lost" after having been raped. The bottom line is that the man entering the apartment had no business doing so at any hour for any reason. It is such a shame that this society is more than willing to find or create excuses for those who do wrong. If you were disabled, had very limited financial resources, were trapped in bed or a wheelchair 24/7, could do, in essence, nothing for yourself, would your state of mind necessarily be "ok" at any time?? Think about that for a moment. Really. My heart goes out to Dava without knowing anymore than I do, or having been personally involved. I think the complex in which she lived should definitely be responsible for not having made arrangements to get a person so severely handicapped another key!!!
      ----- Original Message -----
      From: Jurydoctor@...
      To: courttv_2@yahoogroups.com ; Psy-CJ-Law@yahoogroups.com ; criminalminds@yahoogroups.com
      Sent: Friday, October 03, 2003 10:44 PM
      Subject: [infoguys-list] rape


      Here is an interesting civil rape case.. Hope I can get your thoughts on this
      one.
      Amy

      FACTS:

      The Defendants, Colley Arms, include a corporation that operates
      a high-rise 6-story apartment building that primarily serves senior citizens
      on limited income, with assistance through HUD, and the management company
      that managed the complex on a day-to-day basis. The Plaintiff, Dava, like other
      tenants, was issued three keys at the time she rented her apartment. One key
      was for the exterior security door, one key for her apartment door, and one
      key for her mailbox.

      Dava has cerebral palsy, and as a result she requires assistance
      for all of her daily activities. She has significant loss of control of her
      entire body from head to toes, including her vocal cords that make it difficult
      for her to speak clearly. She spends her non-sleeping time in a motorized
      wheel chair that has a joystick, which she operates with limited function of her
      hand. She is mentally capable of listening and understands conversation and
      staying focused on a discussion. However, she is not capable of getting in or
      out of the wheel chair on her own, or in and out of bed on her own. She is
      provided through public assistance a home care provider that assists her from 7
      a.m. to 11 a.m., and a second caregiver that works from 5 p.m. to 11 p.m.

      As part of the lease agreement, Dava was not permitted to
      duplicate her key. The agreement also states that in the event a key that has been
      provided to the Plaintiff is not returned at the time of move out, she will be
      charged a replacement charge of $35-$50. Dava requested an extra key for the
      exterior door of the building, and Defendants issued her the key after she
      issued them a check for $50 as a key deposit, which would only be cashed if she
      did not return the key. The exterior door of the building is equipped with a
      security device that requires a person seeking entry to either use a key or to “
      be buzzed in” in order to enter. Plaintiff gave the extra exterior door key
      to one of her caregivers, since Plaintiff is unable to “buzz in” anyone if
      she is not in her wheelchair and thereby able to access the buzzer.

      From the time she moved in, Plaintiff left her apartment door
      unlocked so that her caregivers could have access to her apartment since she did
      not have keys to give them. Because she has cerebral palsy, Plaintiff’s
      evening caregiver must physically place her in bed before she leaves for the night
      and must place her emergency call button that if activated, notifies the front
      desk of an emergency. Plaintiff is unable to leave her bed without
      assistance, and she therefore is confined to her bed until her morning caregiver
      arrives.

      Plaintiff and one of her care givers testified that they informed the
      manager of their need for an additional key due to Plaintiff’s circumstances, and
      the manager testified that although he does not recall the conversations, he
      also couldn’t say they did not take place. He also testified that in any event
      it would not make any difference because he would not have issued the key
      without payment of the $35.00.

      A couple of months prior to the incident that gave rise to this
      lawsuit, Plaintiff requested an extra key for her apartment door so that her
      evening caregiver could lock the apartment door when she left at night, and her
      morning caregiver could then use a key to unlock the door when she arrived.
      The Defendant’s manager said that he would only issue the key upon payment of a
      $35 fee. Plaintiff said the she could not afford the fee in a single
      payment, and she asked if a $5 per week payment plan was acceptable. The Defendant
      knew that Plaintiff’s income comes solely from social security and part-time
      work with the Ohio Developmental Disability program. She pays $113 of her
      monthly income to the Defendant in rent, and the remainder is subsidized through a
      program administered by the federal department of Housing and Urban
      Development. Eastland Manor’s manager replied that a payment plan for the key was not
      acceptable, and he did not issue her a second key. The Plaintiff therefore
      continued to leave her door unlocked at night.

      Sometime during the night on April 10, 1997, after her evening
      caregiver had left for the day, Abraham, entered the Plaintiff’s unlocked
      apartment and raped her. Abraham was a frequent visitor to the apartment complex
      because his grandparents and aunt live there. The Plaintiff knew Abraham for
      more than five years before she was raped, and she never had reason to be
      concerned that he would attack her. Abraham was convicted of three counts of
      raping the Plaintiff.

      Upon entering the Plaintiff’s apartment, the Defendants
      silhouette was seen by the Plaintiff in the dark of her apartment with only one small
      light burning. The Plaintiff had at her side an emergency call button on a
      cord. Plaintiff did not push the button and the Defendant proceeded to rape her.
      The Defendant then left and the Plaintiff still did not push the emergency
      button. The Defendant came back in the apartment to rape her again, but this
      time, before doing so, pulled the emergency call button out of reach of the
      Plaintiff. The Defendant then left, and returned a third time and raped her for
      the third and final time. Plaintiff was found the next morning by her a.m.
      caregiver who was informed by the Plaintiff as to what happened during the
      night, the police were called, and the Plaintiff was taken to the hospital. The
      Plaintiff contracted a venereal disease from the rape, which resolved a few
      months later.

      The defendants recognized a need to provide internal security for
      its tenants by providing locks on each apartment door, and that “it is for
      the best” that residents keep their apartment doors locked. The Defendants were
      aware that a number of apartment keys were “out there”, and to address those
      concerns rekeyed the entire building to prevent unauthorized access to the
      apartments. The exterior door was equipped with a special lock system using
      keys that were marked “do not duplicate” and that could “only be duplicated by
      the original locksmith given permission from the factory.” The apartment door
      locks were not on the same special system, and its keys could be duplicated in
      an ordinary manner, but the lease agreement and policy of the Defendants
      prohibited residents to have copies made. The Defendant’s policy was to provide
      only one set of keys per resident, and that additional keys could not be
      provided unless the originals were lost or stolen. The Defendant admits that it
      charged its residents for a replacement key for a fee of $35.00.

      The supervisor of the manager who refused the extra key to the
      Plaintiff without payment of $35.00, and owner of the Defendant management
      company testified that had she been aware of Plaintiff’s request for an additional
      key, the reason for the key, and the request for the payment plan, she would
      have issued the key.

      Plaintiff testified that she asked for the additional key so that
      she could in fact lock her door at night, but it was not provided because
      she could not afford the payment of $35.00.

      There were no similar incidents in the apartment complex before
      this incident occurred. The supervisor and owner of the Defendant apartment
      complex management company did testify that she had requested additional HUD
      funding to hire additional security guards, and that the request was denied. The
      reason for her request is that over the years she has noticed that the
      neighborhood has changed warranting additional security.

      The Plaintiff had an income of $475 per month; her rent was $113
      per month; she spent money on shopping at the mall for necessities, purchased
      food, went to the movie theater for a show, bought dresses and jewelry.

      Plaintiff is seeking the jury to award monetary damages against
      the Defendants for their negligent failure to provided adequate security, and
      negligent failure to provide a safe residence as require by the land lord
      tenant law of this state.



      What do you think?
      also if the defendants are liable, what monetary compensation (how much)
      should Dava receive?


      [Non-text portions of this message have been removed]



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    • Jurydoctor@aol.com
      In a message dated 10/7/2003 7:04:57 AM Eastern Daylight Time, infoguys-list@yahoogroups.com writes: Is this a law school final exam question? Unfortunately,
      Message 2 of 8 , Oct 7, 2003
        In a message dated 10/7/2003 7:04:57 AM Eastern Daylight Time,
        infoguys-list@yahoogroups.com writes:
        Is this a law school final exam question?

        Unfortunately, no.. it is the real thing.
        Defense is offering 300k
        plaintiff is asking for 450K
        I am trying to find out what folks think about the settlement negotiations.
        Amy


        [Non-text portions of this message have been removed]
      • Frank M. Reilly
        Sorry to hear that it s real... but glad to hear that the defense is offering to pay something. Based on the facts you ve related, the 450k sounds very
        Message 3 of 8 , Oct 7, 2003
          Sorry to hear that it's real... but glad to hear that the defense is
          offering to pay something. Based on the facts you've related, the 450k
          sounds very reasonable to me considering that she was disabled and that
          they didn't make any accommodation to help her, and I presume that they
          knew she left her door open. Given that they let others have keys to give
          to family members (though I'm sure they charged for them), then there
          wasn't much security, i.e., they didn't have control over who received the
          keys, including, of course, the rapist. Without the security then she was
          at risk.

          Frank

          At 11:05 AM 10/7/2003, you wrote:
          >In a message dated 10/7/2003 7:04:57 AM Eastern Daylight Time,
          >infoguys-list@yahoogroups.com writes:
          > Is this a law school final exam question?
          >
          >Unfortunately, no.. it is the real thing.
          >Defense is offering 300k
          >plaintiff is asking for 450K
          >I am trying to find out what folks think about the settlement negotiations.
          >Amy
          >
          >
          >[Non-text portions of this message have been removed]
          >
          >
          >
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          *************************************
          Frank M. Reilly
          Potts & Reilly, L.L.P.
          Attorneys and Counselors
          401 West 15th Street, Suite 850
          Austin, Texas 78701
          512.469.7474 - Office
          512.469.7480 - Fax
          www.pottsreilly.com - Web
          reilly@... - E-Mail


          [Non-text portions of this message have been removed]
        • ray_madison
          I presume you know this forum is public and postings are available to all on the internet. So if you are in negotiations, you might not want to give too many
          Message 4 of 8 , Oct 7, 2003
            I presume you know this forum is public and postings are available to all on the
            internet. So if you are in negotiations, you might not want to give too many details
            about the strengths or weaknesses of your case or position in these postings.

            Ray Madison

            --- In infoguys-list@yahoogroups.com, Jurydoctor@a... wrote:
            > In a message dated 10/7/2003 7:04:57 AM Eastern Daylight Time,
            > infoguys-list@yahoogroups.com writes:
            > Is this a law school final exam question?
            >
            > Unfortunately, no.. it is the real thing.
            > Defense is offering 300k
            > plaintiff is asking for 450K
            > I am trying to find out what folks think about the settlement negotiations.
            > Amy
            >
            >
            > [Non-text portions of this message have been removed]
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