Davenport v. D.M. Rental Properties, Inc.
217 N.C. App. 133
N.C. Ct. App.2011Background
- Davenport sues D.M. Rental Properties, Inc. and Henry Moore for injuries from a tenant on Henry Mobile Home Park property.
- Incident occurred July 19, 2009, involving another tenant, Herrin, and Davenport and his wife during an altercation on the premises.
- Herrin, intoxicated, escalated from a bicycle incident to threats, assault, and later violent arson while Davenport attempted to intervene and call police.
- Trial court granted Defendants' motion for summary judgment; Davenport's motion for summary judgment was denied; Davenport appealed.
- Court addresses whether landlord owed a duty to protect tenants from foreseeable third-party criminal acts and whether breach proximately caused Davenport's injuries.
- Court concludes Davenport failed to show a triable issue on any alleged duty or breach; summary judgment for Defendants affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to make property safe | Davenport contends Defendants breached duty to exercise reasonable care for tenant safety. | Defendants assert no breach; safety measures would not have prevented the assault. | No proximate cause; no duty breach shown. |
| Premises security measures and causation | Failure to install cameras/guards/fences/signs breached duty and caused injury. | Security measures would not have deterred Herrin; not proximate cause. | Security measures would not have prevented the assault; no proximate causation. |
| Failure to screen or lease to Herrin | Landlord owed duty to screen potential residents to prevent harm to others. | No statutory duty to screen; public policy disallows imposing such duty. | No liability for negligent leasing. |
| Failure to evict Herrin | Defendants should have evicted Herrin under policy or contract. | No duty to evict; eviction statute does not create liability for failing to evict. | No liability for failure to evict. |
| Overall prima facie case of negligence | Taken together, evidence supports a prima facie negligent liability. | No triable issue on duty, breach, causation, or damages. | Trial court's grant of summary judgment for Defendants affirmed. |
Key Cases Cited
- Foster v. Winston-Salem Joint Venture, 303 N.C. 636 (N.C. 1981) (criminal act foreseeability governs duty to protect patrons)
- Murrow v. Daniels, 321 N.C. 494 (N.C. 1988) (foreseeability as test for duty to protect from third-party acts)
- Shepard v. Drucker & Falk, 63 N.C.App. 667 (N.C. App. 1983) (tenant invitee status and landlord liability linked to known dangers)
- Liller v. Quick Stop Food Mart, Inc., 131 N.C.App. 619 (N.C. App. 1998) (deterrent effect of security measures and proximate cause analysis)
- Urbano v. Days Inn of Am., Inc., 58 N.C.App. 795 (N.C. App. 1982) (security measures' deterrent effect on intruder-related crime)
- Connelly v. Family Inns of Am., Inc., 141 N.C.App. 583 (N.C. App. 2000) (duty to protect against foreseeable third-party acts)
- Williams v. Gorman, 214 N.J. Super. 517 (N.J. Super. Ct. App. Div. 1986) (landlord's duty to evict or control tenants not universally imposed)
- Giggers v. Memphis Housing Authority, 277 S.W.3d 359 (Tenn. 2009) (duty-to-evict considerations in foreseeable harm contexts)