Lindsay P. v. Towne Properties Asset Mgt. Co., Ltd.
2013 Ohio 4124
Ohio Ct. App.2013Background
- Lindsay P., a single mother, rented an apartment above Schmidt; Haynes lived with Schmidt though not on the lease.
- Lindsay repeatedly complained about loud music and fights from Schmidt and Haynes; management warned them but noise continued.
- After a Facebook exchange with Haynes, Lindsay reported feeling fear and being stalked; Towne Properties advised police and considered moving Lindsay.
- Towne Properties moved Lindsay to a different apartment within the same complex, including a first-floor unit, and considered Haynes’ lease status
- Haynes later entered Lindsay’s apartment and raped her; he was convicted and sentenced; Lindsay sued Towne Properties for negligence, NIED, and breach of contract; the trial court granted summary judgment for Towne Properties on all but NIED and breach of contract
- On appeal, the court reversed on the negligence-related issues and remanded for trial on material factual disputes
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether genuine issues of material fact preclude summary judgment on negligence | Lindsay contends Towne Properties knew of Haynes’ danger and failed to protect | Towne Properties argues no duty or foreseeability to protect against third-party crime | No summary judgment; factual disputes remain |
| Whether a landlord has a duty to protect a tenant from third-party criminal acts under foreseeability | Totality of circumstances showed foreseeability of harm to Lindsay | Criminal acts of third parties are inherently unpredictable; no special relationship foreseen | Issue of duty and foreseeability disputed; remanded for trial |
| Whether Towne Properties took reasonable steps to protect Lindsay | Management’s actions and information sharing with Haynes/Schmidt were inadequate | Actions taken were reasonable mitigations given circumstances | Factual credibility questions; remand for trial |
Key Cases Cited
- Doe v. Beach House Dev. Co., 136 Ohio App.3d 573 (8th Dist.2000) (landlord generally not liable for third-party crime unless special foreseeability)
- Adkins v. RLJ Management Co., 2011-Ohio-6609 (5th Dist. Muskingum No. CT2011-0012) (foreseeability depends on totality of circumstances; not automatic liability)
- Wagner v. Ohio State Univ. Med. Ctr., 188 Ohio App.3d 65 (10th Dist.2010) (foreseeability and reasonable precautions are fact-dependent; credibility matters)
- Jeffers v. Olexo, 43 Ohio St.3d 140 (1989) (duty-breach-injury framework in Ohio tort law)
- Staten v. Ohio Exterminating Co., Inc., 123 Ohio App.3d 526 (10th Dist.1997) (foreseeability standard for landlord liability in third-party harm)
- Brown-Spurgeon v. Paul Davis Systems of Tri-State Area, Inc., 2013-Ohio-1845 (12th Dist.2013) (fact-sensitive foreseeability analysis in premises liability)