ARTICLE ID 27160
$________ INCLUDING $________ PUNITIVE AWARD - NEGLIGENT SECURITY AT NORTH TAMPA APARTMENT COMPLEX - 20- YEAR-OLD FEMALE PHARMACY STUDENT ABDUCTED FROM PARKING LOT - THREE GUN SHOT WOUNDS TO THE HEAD - BRAIN INJURY - POST-TRAUMATIC STRESS DISORDER.
Hillsborough County
This was a negligent security action which arose from the ________
carjacking and shooting of a 20-year-old college student from the
parking lot of the Remington Apartment Homes in North Tampa. The
defendants in the case included the apartment building owner and
the management company. The plaintiff claimed the defendants
failed to provide adequate security to prevent the crime and
failed to advise the plaintiff of the high crime rate at the
premises. The plaintiff sought punitive as well as compensatory
damages. The defendants maintained that they took reasonable
security measures and contended that the crime was not
preventable.
The plaintiff was a 20-year-old female pharmacology student at
the University of South Florida who rented a first floor
apartment in the defendants complex. On December 13, ________, the
plaintiff returned to her apartment at approximately 11:00 p.m.
and parked her vehicle. As she was exiting the car, she was
approached by two men who forced her into the passenger side of
her vehicle at gun point. The plaintiff was driven around for a
period of time, forced from the car and shot three times in the
head. She managed to crawl some ________ yards to a nearby residence
where help was summoned.
Evidence showed that security at the apartment complex was
comprised of an unmanned automatic gate at the complexs only
entrance/exit, perimeter fencing and individual burglar alarms in
each unit. The security gate required a pass code for entry. A
private security company was terminated by the defendant in
January ________ and three Tampa police officers were retained to
provide security patrols in exchange for free apartment rent. The
plaintiff contended that she chose the defendants apartment
complex because the defendants agents misrepresented that it was
a safe and secure place to live.
The plaintiffs security expert testified that local crime grids
showed that the defendant apartment complex was located in an
area of high crime with reports of prior vehicle thefts,
burglaries, robberies and rapes occurring on the premises. The
plaintiff contended that the defendants were obligated to inform
potential tenants, including the plaintiff, of the high-crime
nature of the neighborhood and premises and that such information
would have altered the plaintiffs decision to move into the
apartment.
The plaintiff alleged that the defendants security measures were
lax and that the security gates were often broken, alarms
unmonitored and lighting poor. The plaintiffs security expert
opined that the plaintiffs abduction and shooting could have
been prevented by stationing a guard at the security gate,
controlling gate access, providing better lighting and
instituting regular security patrols in the parking lot.
The plaintiffs physicians testified the plaintiff has been left
with cognitive impairments, memory and concentration
difficulties, post-traumatic stress disorder, partial loss of
hearing and facial scarring as a result of the attack.
The men responsible for the crime were eventually apprehended and
are currently serving prison terms. Evidence showed they entered
the apartment complex by driving behind a slow-moving vehicle as
it passed through the automatic security gate.
The defendants security expert testified that the number of
crimes at the apartment complex was not unusually high for the
area, which did exhibit a large number of reported crimes. He
opined that the perpetrators of the crime against the plaintiff
were determined to hijack a car that night and the crime would
not have been prevented by the measures suggested by the
plaintiffs expert. One of the defendants executives testified
he did not believe the complex was obligated to advise residents
regarding crimes committed on the premises. The defense pointed
out that when it purchased the apartment complex in ________, it
erected a perimeter fence and added the electronic gate at the
entrance to increase security at the location. The defendant also
introduced evidence that its female apartment manager had joined
a local neighborhood watch program, invited tenants to also join
the neighborhood watch and had received a commendation from local
police for her crime-prevention activities.
The jury found for the plaintiff in the amount of $________
including $________ in compensatory and $________ in punitive
damages. The case is currently on appeal.
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