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Zittrain Torts Playlist Spring 2013

Veazey v. Elmwood Plantation Associates, Inc.

Headnote

To what extent, if any, should a third party’s intervening, intentional tort mitigate the defendant’s liability for negligence? Plaintiff is raped while living in an apartment complex managed by the defendant. At trial, the plaintiff alleged that the defendant—despite being aware of other rapes and attempted rapes on the premises in the previous year—failed to provide adequate security, maintain the premises as to discourage potential intruders, and provide adequate lighting. After the granting a motion for JNOV, the court reallocated 100% of the fault to the defendant. The defendant appealed on several issues, one being the trial court’s refusal to instruct the jury on allocation of fault to the nonparty rapist.