Whittaker V. Suggest

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Law of Obligation AUL 403 HCS1 Fall, 2014 LAUREN WHITTAKER vs. DOMINIC J. SARACENO In this case the plaintiff Whittaker brought a suit against the defendant Saraceno, because he failed to provide the security in the building which resulted it that the plaintiff was assaulted and raped, the plaintiff said that the defendant has an obligation to provide the security in the building and the safety of persons who live in the building. On March 24, 1984, at 8 PM the plaintiff entered the building when the assailant which was never identified came up behind her, took her to the basement of the building to an adjoining area where he raped her. The plaintiff brought this action against the defendant ( the owner of the building) because he didn’t provide the security of the persons that live in the building. A jury returned a verdict against the landlord. The trial judge denied the defendant's motion for judgment notwithstanding the verdict. The question in this case is that did the defendant in this circumstances, and evidence had a duty to provide the security against any criminal act as the one that happened? So we…show more content…
The jury said that there was no evidence of previous crimes such as this one, so the landlord couldn’t predict this criminal act, because it never happened before, so he had no duty to provide any security in the building area and according to this the case was closed and the judgment is reversed and the case is remanded for the entry of judgment for the defendant. That’s what the judge ordered. My opinion: I think that the judge did the right decision, because the owner of the building had no special relationship with the plaintiff, and he doesn’t have a duty to provide a security, but in my opinion that after this case there should be a law that provides security in the buildings for the safety of the persons that live in them. Reference:

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