Adkins v. RLJ Mgt. Co.
2011 Ohio 6609
Ohio Ct. App.2011Background
- Adkins was a tenant at Concord Square Apartments managed by RLJ Management Co.; she moved in December 2006.
- She reported inadequate exterior lighting near her unit and discussed it repeatedly with the on-site manager (Sheila) and later with a new manager (Karen).
- She submitted written requests for lighting improvements in May 2007 and again during summer 2007; complaints were raised to district and corporate levels.
- Adkins was attacked and raped outside her apartment in October 2007; a May 2007 foot-injury claim related to the same premises was later dismissed with prejudice.
- RLJ moved for summary judgment in October 2010; the trial court granted summary judgment in February 2011, and Adkins appealed asserting error in granting summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the landlord owed a duty to provide reasonable security for Adkins. | Adkins argues prior incidents and ongoing lighting complaints show foreseeability. | RLJ contends incidents were not the same or sufficiently similar and not sufficiently foreseeable. | No duty shown; foreseeability not established. |
| Whether lack of lighting proximately caused the rape. | Poor lighting contributed to the risk of attack near her unit. | No causal link shown between lighting and specific rape. | No proximate cause shown. |
| Whether summary judgment was proper given the evidence. | There are genuine issues of material fact about foreseeability and causation. | Record fails to establish foreseeability or proximate cause; no genuine issue. | Summary judgment proper; no genuine issues of material fact. |
| whether the trial court properly applied the foreseeability standard for business premises liability. | Totality of circumstances should indicate liability due to crime history. | Past incidents do not create overwhelming evidence of foreseeability in this case. | Court appropriately applied foreseeability standard; no liability. |
Key Cases Cited
- Doe v. Beach House Dev. Co., 136 Ohio App.3d 573 (Ohio App. 2000) (landlord not absolute insurer; duty limited to reasonable security in common areas)
- Menifee v. Ohio Welding Prods., Inc., 15 Ohio St.3d 75 (1984) (foreseeability standard for duty; injury likelihood considerations)
- Reitz v. May Co. Dept. Stores, 66 Ohio App.3d 188 (Ohio App. 1990) (two-factor framework for duty in negligent premises cases)
- King v. Lindsey, 87 Ohio.App.3d 383 (1993) (burden on plaintiff to show owner knew or should have known of dangerous propensities)
- Brown v. Campbell, 2005-Ohio-3855 (Ohio App. 2005) (evidence must be same or similar to the alleged incident to support foreseeability)
- Meyers v. Ramada Inn, 14 Ohio App.3d 311 (Ohio App. 1984) (premises liability foreseeability analysis)