Here is a newspaper article about a case we reported about a week ago. The story is of a rape victim who lost several rounds of litigation until last week.
Five years and six days ago, a mild-mannered widow with medical problems was raped in a storage unit at Casa Escondida, an Escondido apartment complex that today prides itself on the safety it guarantees older residents.
The attacker, a thin, blond transient who’d reportedly panhandled inside the complex numerous times, vanished.
Last week, the appellate court answered,
In a unanimous opinion written by Justice Cynthia Aaron, Stern received a stern rebuke. The final paragraph of the opinion, though written in legalese, expresses the stark bottom line:
The rape victim “has raised a triable issue of fact as to whether Casa Escondida’s failure to properly maintain its doors and locks was a substantial factor in causing her injury. The trial court thus erred in determining as a matter of law that (she) would not have been able to establish the element of causation in the underlying premises liability action and in granting summary judgment in favor of respondents in the legal malpractice action on that basis.”
So, the ending to this story could be written in front a jury. "