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Re: [infoguys-list] wrong spot?

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  • fred rozek
    I think the security issues need to be addressed particularly the usage of the video survailance. In this day and age we live in and the responsibility of all
    Message 1 of 5 , Aug 4 7:41 PM
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      I think the security issues need to be addressed particularly the usage of the video survailance. In this day and age we live in and the responsibility of all of us for homeland security I think the lack of surveilance in the stairwell is an obvious lack of resposibility for the safety of anyone using the parking structure. Even more so considering a previous sexual assault

      Seymour Dupa <grumpy@...> wrote:If his assigned parking spot had not been taken,
      this would not have happened.

      >
      >
      > Going to trial on Monday.. Need your insights ASAP.
      > thanks in advance,
      > amy
      >
      > 3/6/00 Don Glen a 44 year old white male employee of Dean Witter, a
      tenant
      > of the Defendants, drove into the parking garage at the Forum III
      Towers at
      > about 8:30am to go to work. He was assigned a spot on the 2nd floor of
      the garage
      > but his spot was taken so he parked on the ground floor usually
      reserved for
      > guests. He proceeded to the stairwell to go up to the 2nd floor to
      take the
      > parking bridge across to the office building. When he entered the
      stairwell he
      > was attacked by two men.




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    • fred rozek
      After going over the particulars in this incident i am stunned that with 33 surveilance cameras in use or should Isay place that the stairwell was left
      Message 2 of 5 , Aug 4 11:37 PM
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        After going over the particulars in this incident i am stunned that with 33 surveilance cameras in use or should Isay place that the stairwell was left unprotected by survailance. The fact that were not being monitored properly shows poor administration by managers of the security team. I'm in doubt about the sexual aspect of crime due to the lack of mention of substatiating defensive wounds other than a cut on the hand.If indeed it did happen as explained I would have maimed the assailant in an unforgetable manner ! Not reporting the nature of the sexual assault only hurt his credibility as I see it.
        I think a high percentage of the blame should be placed on the security of the facility, with a portion also to be assigned to the victim for being to lax in his own welfare survailance. I can only offer opinion on the matter though as I have'nt seen actual information. good luck. I also think a closer background check on the victim may be advantagious to the case

        Jurydoctor@... wrote:


        Going to trial on Monday.. Need your insights ASAP.
        thanks in advance,
        amy

        3/6/00 Don Glen a 44 year old white male employee of Dean Witter, a tenant
        of the Defendants, drove into the parking garage at the Forum III Towers at
        about 8:30am to go to work. He was assigned a spot on the 2nd floor of the garage
        but his spot was taken so he parked on the ground floor usually reserved for
        guests. He proceeded to the stairwell to go up to the 2nd floor to take the
        parking bridge across to the office building. When he entered the stairwell he
        was attacked by two men. He was thrown down the stairs, cut with a knife in the
        hand, and had a gun held to his head while one of the assailants forced him
        to take the assailants penis into his mouth. He was kicked in the side of the
        head and face. He tried to fight his attackers but they stole his wallet,
        laptop computer and Rolex watch. After the attack the assailants ran away, Glen
        went to the security guard in the parking garage an advised of the attack. The
        police were called and it was reported to them. Glen gave detailed description
        of assailants and incident but never told anyone of the sexual component of the
        incident. This was revealed for the first time several months later during
        psychiatric counseling with one of his doctors.

        Plaintiffs allege that the attack was foreseeable to the Defendants since on
        9/19/97 a prior incident occurred in the same parking garage. A female
        employee of the same complex was abducted from the same garage at gunpoint, driven
        off the property robbed and sexually assaulted. The Defendants were notified of
        her attack shortly after it happened. Three property managers of the complex,
        including the one in charge at the time of Don���s assault, admitted actual
        notice of the earlier attack on the female.

        There are no other violent crimes at the property between these two attacks.
        There are however, a number of violent crimes in the immediate vicinity of the
        property in the same period of time.

        Plaintiffs allege the Defendants were negligent in preventing the attack for
        a number of reasons:

        1 Only increase in security after the female attack was
        the addition of one more guard. (There were two in the garage before the attack
        on the female.)
        2 Despite the prior attack the Defendants never obtained a
        professional security risk needs survey or analysis to determine the level of
        security needed.
        3 Although there was a surveillance camera system in place
        at the time of both attacks, no one monitored or watched the camera images.
        The cameras were on two monitors that were kept in a closet.
        4 The Defendants representatives admit that the main
        function of 2 of the 3 guards in place at the time of Doe���s attack was to manage
        vehicle traffic. Only one guard was assigned to roam the entire property to
        provide personal security.
        5 Plaintiffs allege Don���s attack would have been prevented
        if electronic gate arms would have been installed at the tenant and visitor
        entrances to free those guards manning those gates to provide personal safety.
        And if security cameras would have existed at the stairwell entrance-ways with
        a guard assigned to watch the images the attack could have been avoided. The
        Plaintiffs further allege that the Defendants were negligent by failing to
        implement these measures in light of the prior attack.
        6 Plaintiff has sustained a cervical herniation requiring
        surgery, fractured teeth and TMJ problems, a mild left ear hearing loss,
        lacerations to eye, mouth and hand that healed shortly after the attack. He further
        has been diagnosed with Post Traumatic Stress Disorder, anxiety and
        depression caused by the attack requiring extensive therapy and medications.
        7 The Plaintiffs seek approx. $300,000 in past and future
        medical expenses. $400,000 in past wage loss. They also seek damages for
        physical and emotional pain and suffering in the past and future. There is also a
        claim for the loss of services and support of her husband by Doe���s wife.

        Defendant���s Case.

        LOVED owns the property. GMAN manages the property for the owner.
        1 Both Defendants allege that the
        event was not foreseeable by them and they therefore did not owe Don a duty
        to protect him from the attack.
        2 They contend that the prior
        abduction sexual assault and robbery was an isolated incident and say that they
        should be given credit for the lack of violent crime at the property during
        their ownership/management of the property.
        3 They also deny that they were
        negligent in failing to prevent the attack and believe that they were providing
        reasonable security including three guards, a total of 33 video surveillance
        cameras and were appropriately restricting access to the garage.
        4 They also contend that there was
        no way to stop these very aggressive, fearless criminals from committing the
        attack in broad daylight, in early morning rush hour.
        5 They claim Plaintiff was also at
        fault since he chose to enter an isolated stairwell rather then walking
        through an open service road to enter the building where he worked.
        6 Regarding damages, the
        Defendants contend Don suffered minor physical injuries, included the lacerations. They
        contend the sexual attack did not occur since it was not reported to anyone
        for such a long time. (Approx. seven months)
        7 An orthopedic surgeon hired by
        the defense claims Don���s injuries are not as severe as he claims and that he
        did not need surgery.
        8 A defense Psychiatrist and
        Neuro-psychologist that have examined the Plaintiff regarding his emotional trauma
        agree that if the attack occurred the way the Plaintiff alleges it occurred,
        then he does have PTSD and anxiety caused by the attack and that he will need
        future care. The Neuro-psych expresses some concern about the validity of
        plaintiff���s responses to neuro psych testing.
        9 The Defendants allege that the
        past medical expenses are excessive and that much of the care is related to a
        prior automobile accident with injuries that occurred in 1995. They deny that
        he had a disc herniation or that he needed surgery.
        10 They contend Don should have
        returned to work to support his wife and two children much sooner and that he did
        not need three years out of work to recover from his physical and emotional
        injuries.
        11 They contend Don was going to lose
        his job as a financial advisor even if the attack did not occur based on the
        testimony of his employer and that his daughter���s diagnosis of leukemia created
        a significant emotional struggle for him that he now wants to blame on the
        attack.



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      • Jurydoctor@aol.com
        In a message dated 8/6/2004 5:11:12 AM Eastern Daylight Time, infoguys-list@yahoogroups.com writes: Even more so considering a previous sexual assault wonder
        Message 3 of 5 , Aug 6 5:31 AM
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          In a message dated 8/6/2004 5:11:12 AM Eastern Daylight Time,
          infoguys-list@yahoogroups.com writes:
          Even more so considering a previous sexual assault
          wonder if it was the same assailant..
          amy


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