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ARTICLE ID 194341

Alleged negligent security at homeless shelter – Defendant returns with gun some hours after altercation with plaintiff and gains entry by climbing fence, avoiding metal detectors – Plaintiff shot – Two surgeries

New York County, NY

The plaintiff, 21-years-old at the time of the incident, and 31-years-old at trial, who was a resident of the homeless shelter run by the defendant, contended that the defendant negligently failed to provide adequate security. After an altercation between himself and another resident, this other resident fled the facility. The plaintiff asserted that because of negligent security, he gained access without going through the metal detectors by climbing a fence. The plaintiff contended that because of the alleged inadequate security, he was shot. The defendant maintained that the security was appropriate. The defendant contended that, in addition to the metal detectors, it also employed cameras and guards and that targeted shooting could not be prevented from additional security. The plaintiff maintained that despite two surgeries, he will suffer permanent pain and weakness.The jury found that the defendant was not negligent.

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