Shandalyn Sanders, etc. v. Erp Operating Limited Partnership, etc.
157 So. 3d 273
| Fla. | 2015Background
- Two tenants were shot to death in their apartment in a gated apartment complex; no sign of forced entry but personal items were stolen.
- The complex had a front gate that was inoperable for months before the murders and a company manual recommending prompt resident notice after significant crimes; management sent no notices for many prior incidents.
- Twenty criminal incidents occurred on the premises in the prior three years (including robberies and vehicle thefts); some incidents involved outsiders following residents onto the property.
- Plaintiff (Sanders), as personal representative, sued property owner ERP for negligent security, alleging failure to maintain the gate, provide adequate security, and warn residents.
- At trial, competing experts disputed foreseeability and causation; the jury found ERP 40% negligent and awarded damages. The Fourth District reversed, holding causation was not proved as a matter of law because entry method was unknown. The Florida Supreme Court granted review and quashed the Fourth District.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff proved proximate causation for negligent security | ERP’s broken gate and history of opportunistic crimes made it more likely than not ERP’s breach substantially contributed to the killings | Without evidence how assailants entered the apartment, plaintiff’s proof is speculative and insufficient as a matter of law | Reversed Fourth District: juries may infer causation from circumstantial proof; plaintiff presented evidence supporting a finding of proximate cause |
| Whether a directed verdict was appropriate | Deny directed verdict; factual disputes and expert testimony create issues for the jury | Grant directed verdict; no direct evidence linking breach to deaths | Directed verdict improper where evidence permits reasonable inferences for jury; only proper if only one inference exists |
| Whether lack of forced entry defeats negligent-security causation | Lack of forced entry does not preclude causation; outside security failures can contribute to internal harm | Lack of forced entry shows occupant likely let assailant in, severing causal link to property owner | Court: absence of forced entry is not dispositive; comparative negligence and inferences for jury remain available |
| Whether Fourth District conflicted with precedent (Cox, Holley) | Fourth District misapplied standards and effectively reweighed evidence, conflicting with precedents protecting jury factfinding | Fourth District applied precedent to different facts and properly reversed | Supreme Court found conflict and quashed Fourth District, holding it improperly directed verdict where evidence supported jury finding of causation |
Key Cases Cited
- Cox v. St. Joseph’s Hosp., 71 So.3d 795 (Fla. 2011) (plaintiff need not be deprived of jury resolution where expert testimony has factual foundation and competing inferences exist)
- Holley v. Mt. Zion Terrace Apartments, Inc., 382 So.2d 98 (Fla. 3d DCA 1980) (landlord’s exterior security breach can be legal cause of harm inside apartment where jury may infer link)
- Brown v. Motel 6 Operating, L.P., Ltd., 989 So.2d 658 (Fla. 4th DCA 2008) (reversal where lack of evidence how assailant accessed motel room supported summary judgment/directed ruling)
- Owens v. Publix Supermarkets, Inc., 802 So.2d 315 (Fla. 2001) (appellate review of directed verdicts must view evidence favorably to nonmovant; directed verdict only if no proper view could sustain verdict)
- McCain v. Fla. Power Corp., 593 So.2d 500 (Fla. 1992) (proximate causation requires foreseeability and substantial contribution)
- Gooding v. Univ. Hosp. Bldg., Inc., 445 So.2d 1015 (Fla. 1984) (plaintiff must prove negligence more likely than not; mere possibility is insufficient)
- Friedrich v. Fetterman & Assocs., P.A., 187 So.3d 862 (Fla. 2013) (appellate court may not reweigh conflicting expert testimony to grant directed verdict)