$3.1M verdict after a tenant was assaulted in daylight while the gates stood open
The complex closed its gates at night. The attack came at 11 a.m. A state cap later cut the award.
Amount awarded by the jury $3,108,000 Circuit Court of Hinds County, First Judicial District · February 2017 · Hinds County, Mississippi
A Hinds County, Mississippi, jury awarded $3,108,000 to a tenant who was assaulted and robbed inside his apartment at a gated complex in Jackson.
The complex had 432 units on 20.5 acres. From 6 a.m. to 6 p.m. its entrance gates stood open and off-duty police officers patrolled as courtesy officers. At night the gates were closed and security staff were posted.
Around 11 a.m. on May 2, 2012, the tenant opened his apartment door and three men came in, assaulted him and robbed him. He argued that an atmosphere of violence on the property, including crime at night, made a daytime attack foreseeable and called for daytime security to match.
After a four-day trial the jury awarded $108,000 for medical expenses and $3,000,000 for pain and suffering. The record we reviewed does not give the verdict date, so this case is dated by the final judgment. In February 2017 the court entered a final judgment reducing the non-economic award to $1,000,000 under Mississippi’s statutory cap. The owner then moved for judgment notwithstanding the verdict or a new trial. We have not found a report of the ruling.
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Not legal advice. Southeast Verdicts reports public court outcomes and news coverage. Parties are anonymized. Amounts are as reported at the time of the verdict or settlement and may have been reduced, appealed or not collected.
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Published by Dan Wentz
Commercial insurance producer in Birmingham, Alabama, specializing in coverage for commercial real estate owners.