MABEL WILLIAMS, APPELLANT,
v.
OFFICE OF SECURITY & INTELLIGENCE, INC., BERNARD FERRON AND RAY OVERCASH, APPELLEES

Fla. 3d DCA | 1987-07-14
No. 86-248
Before HENDRY, DANIEL S. PEARSON and FERGUSON, JJ.
509 So. 2d 1282 Florida District Court of Appeal, Third District (1987) Caution
Cited by 14 cases

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Synopsis

A security company was sued for negligence after a tenant was raped at an apartment complex it was hired to protect. The trial court directed a verdict for the defendants, but the appellate court reversed, holding that a jury could reasonably find the security company's negligence was a proximate cause of the rape based on evidence of inadequate patrols and the deterrent effect of proper security.


Holding

The court held that the evidence was sufficient for a jury to determine that OSI's negligence was a proximate cause of the rape. The jury was entitled to weigh evidence that inadequate security encouraged criminal activity and that proper security would have had a deterrent effect that could have prevented the crime.


Headnotes

[1] A directed verdict is proper only when the record conclusively shows an absence of facts or inferences from facts to support a jury verdict, viewing the evidence in a lig…

[2] In negligence cases, the role of a jury to weigh and evaluate the evidence is particularly important because reasonable individuals can draw various conclusions from the…

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Key Quotes

“A directed verdict is proper only when the record conclusively shows an absence of facts or inferences from facts to support a jury verdict, viewing the evidence in a light most favorable to the nonmoving party.”

Establishes the high standard required to overturn a jury verdict through directed verdict, favoring the nonmoving party.

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Facts & Procedural History

On August 18, 1981, Mabel Williams was raped by an intruder who broke into her apartment at Westview Terrace Apartments. The apartment complex was pro…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from the trial court’s entry of a directed verdict in favor of the defendants and an order conditionally granting defendants a new trial should the directed verdict be reversed on appeal. We reverse the judgment and order appealed from and reinstate the jury verdict based upon the following analysis.

Briefly stated, the relevant facts are as follows. On August 18, 1981 plaintiff Mabel Hamilton Williams was attacked and raped by an intruder who broke into her apartment at Westview Terrace Apartments.1 At the time of the rape, this apartment complex was allegedly being protected and guarded by defendant Office of Security and Intelligence, Inc. (OSI).2

A jury found that the negligence of OSI, of defendant Barnard Ferron, its president, and of defendant Ray Overcash, the OSI supervisor at Westview, was a proximate cause of Ms. Williams’ injuries and awarded her $800,000 in compensatory damages.

However, while the jury was deliberating, the trial court granted OSI’s motion for a directed verdict. The trial court’s ruling was based upon the reasoning that “no matter how grossly negligent the evidence showed the defendants to have been, only by sheer coincidence could the defendant’s guards have been in the right place to prevent this rape and, therefore, their negligence was not a proximate cause of the plaintiff’s injuries.”

A directed verdict is proper only when the record conclusively shows an absence of facts or inferences from facts to support a jury verdict, viewing the evidence in a light most favorable to the nonmoving party. Schreidell v. Shoter, 500 So. 2d 228 (Fla. 3d DCA 1986); Holmes v. Don Mealey Chevrolet, 468 So. 2d 552 (Fla. 5th DCA 1985); Rivera v. Randle Eastern Ambulance Serv., 446 So. 2d 200 (Fla. 3d DCA 1984). A motion for a directed verdict should be treated with care, and this is especially true in negligence cases where the role of a jury to weigh and evaluate the evidence is particularly important since reasonable individuals can draw various conclusions from the same evidence. Collins v. School Bd. of Broward County, 471 So. 2d 560 (Fla. 4th DCA 1985).

We have carefully reviewed the record, briefs and argument of counsel in accordance with the foregoing principles and conclude that the evidence presented at trial established not only that OSI was negligent, but also that OSI’s negligence was a proximate cause of the rape of Ms. Williams.

The guards were hired to patrol the apartment complex premises. Instead, they slept, watched television, stayed in their apartments, socialized with their girlfriends, and left the premises. Moreover, they also failed to prepare written incident reports or notify the police of the series of rapes occurring at Westview.

In the instant case, Ms. Williams presented testimony that neither her rape nor any other rape would have been attempted if the guards had been performing their duties. See Holley v. Mt. Zion Terrace Apartments, Inc., 382 So. 2d 98, 100-101 (Fla. 3d DCA 1980) (“[I]t is peculiarly a jury function to determine what precautions are reasonably required in the exercise of a particular duty of due care”).

Ms. Williams also showed that because the guards were negligent in their performance, they encouraged criminals to commit crimes, including rapes, at the apartment complex, rather than deterring such behavior. For their part, the defendants did not show that the intruder would not have been seen and stopped from entering the apartment if reasonable security had been present or “that the crime would not even have been attempted in the face of the deterrent effect of such protection.” Holley, 382 So. 2d at 101-102.

Based on the reasons and authorities set forth above, the judgment and order appealed from are reversed with instructions to the trial court to reinstate the jury verdict.

Reversed and remanded with instructions.

. Evidence presented at trial indicated that another tenant committed the rape.

. A review of the record shows that OSI guards negligently carried out their duty to patrol the apartment complex twenty-four hours a day.


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Citator

Cited By

  • 50 State Sec. Serv., Inc. v. Lili Carissa Giangrandi, 132 So. 3d 1128 (Fla. 3d DCA 2013)
    …concluded that “it was for the jury to determine whether the defendant’s alleged breach of duty as to the areas outside the apartment was a legal cause of what happened inside.” Id. Similarly, in Williams v. Office of Security & Intelligence, Inc., 509 So. 2d 1282, 1283 (Fla. 3d DCA 1987), review denied, 518 So. 2d 1277 (Fla.1987), this court held that a jury question existed on the issue of whether the failure of security guards to conduct regular patrols was the proximate cause of a rape that occurred after…
    1 / 2
  • Nichols v. Home Depot, Inc., 541 So. 2d 639 (Fla. 3d DCA 1989)
    …in the exercise of a particular duty of due care.’ ” Orlando Executive Park v. Robbins, 433 So. 2d 491, 493 (Fla.1983); accord Weis-Patterson Lumber Co. v. King, 131 Fla. 342, 177 So. 313 (1937); Williams v. Office of Security & Intelligence, Inc., 509 So. 2d 1282 (Fla. 3d DCA 1987); Ten Associates v. McCutchen, 398 So. 2d 860 (Fla. 3d DCA), review denied, 411 So. 2d 384 (Fla.1981); Holley v. Mt. Zion Terrace Apts., 382 So. 2d 98 (Fla. 3d DCA 1980). The evidence reflects that, for business reasons thought be…
  • …d 155 (Fla. 1st DCA 1995) (victim of attack in parking garage of hospital sued entity which provided security services pursuant to a contract with the hospital), quashed by 678 So. 2d 1262 (Fla.1996); Williams v. Office of Sec. & Intelligence, Inc., 509 So. 2d 1282 (Fla. 3d DCA 1987) (tenant brought suit against entity providing security for apartment complex where she was raped in her apartment at the complex); Fincher Investigative Agency, Inc. v. Scott, 394 So. 2d 559 (Fla. 3d DCA 1981) (bag boy at grocery…

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