Date: 01-07-1998

Case Style: Tammie Rene Cain v. Timberwalk Apartments, Partners, Inc., et al.

Case Number: 97-0475

Judge: Dan Downey

Court: 295th District Court, Harris County, Texas

Plaintiff's Attorney: Thomas M. Stanley of Eastham, Watson, Dale & Forney, L.L.P., Houston, Texas and Morris Tabak, Houston, Texas

Defendant's Attorney: Wayne Adams of Adams & Hood, P.C., Houston, Texas; Diane M. Guariglia of Lorance & Thompson, Houston, Texas; and Jack McKinley of Jack McKinley & Associates, P.C., Houston, Texas.

Description: Premises liability - plaintiff alleged that she was raped in her apartment because defendants failed to provide adequate security. Peter Zaenz, the intruder, was captured, tried and sentenced for the attack on Mr. Cain. Plaintiff claimed that defendants failed to provide adequate security, including "charley" bars or pin locks for sliding glass doors, alarm systems in the apartments, access gates to the complex, proper lighting, routine surveillance, and guards. Cain also alleged violations of the Deceptive Trade Practices Consumer Protection Act. Cain claimed actual and punitive damages. Defendants denied liability.

Outcome: Defendant's verdict.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Affirmed in part and reversed in part by the Texas Supreme Court which found that it was not foreseeable, as a matter, of law that Cain would be attacked in her apartment. See: 792 S.W.2d 749 (Tex. 1998).