Southeast Apartments management, Inc., et al. v. Kimberly m. Jackman

On July 27, 1996, appellee Kimberly M. Jackman was a tenant in the Kings Arms Apartments in Virginia Beach, owned by appellant Southeast Mortgage and Investment Corporation and managed by appellant Southeast Apartments Management, Inc. (collectively, the owner). At the time, the owner employed one Douglas Turner as the Apartments' "maintenance supervisor;" he had been so employed for approximately two months. Near 5:00 a.m. on July 27, the tenant was asleep in her bedroom holding her infant son. She awoke and saw a man standing in the hallway. Identifying himself as "the maintenance man," Turner "came over," sat next to the tenant on her bed, said "he had had quite a bit to drink," and started rubbing her thigh. He left in response to her pleas for him to leave. The tenant fled with her children to her parent's home and called the police. Subsequently, the tenant filed the present action for damages, charging the owner with "negligent hiring and retention" of Turner. The jury found in favor of the tenant, fixing her damages at $12,500.

Judgement was entered for the tenant

Unknown

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Reversed by the Supreme Court of Virginia. See 513 S.E. 2d 395 (Va. 1999). The above date reflects the Supreme Court decision date, not the original trial date. Reported by bsg.