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Funchess v. Cecil Newman Corporation8/8/2000
o a duty to provide "police" protection for others, every residential curtilage, every shop, every store, every manufacturing plant would have to be patrolled by private arms of the owner. And since hijacking and attack upon occupants of motor vehicles are also foreseeable, it would be the duty of every motorist to provide armed protection for his passengers and the property of others. Of course, none of this is at all palatable.
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How can one know what measures will protect against the thug, the narcotic addict, the degenerate, the psychopath, the psychotic? Pietila v. Congdon, 362 N.W.2d 328 (Minn. 1985) (claim that private-property owner is liable in negligence for injuries suffered by a guest as a result of criminal attack [murder]).
Under the facts of this case, there is no foreseeability, and thus no negligence, on the part of the landlord.
Finally, I would sustain the judgment of the district court simply because the plaintiff, under any legal theory, cannot establish causation. There isn't a shred of evidence anywhere in the record demonstrating how the murderers entered the building and appellant addresses this issue only by way of an affidavit in which it is noted that the murderers "must have" entered the building through the back door. There is no particular reason to believe this as there are no eye witnesses to the entrance of the murderers onto the property, no documentary or visual entrance that the murderers entered through the back door and, indeed, there isn't even any sign of forcible entry into the decedent's apartment. Even assuming the highly dubious existence of a duty and a breach of duty, plaintiffs must still demonstrate a causal connection between the breach and injury and this they have not done. The district court should be affirmed on the basis of causation alone.
I would affirm the grant of summary judgment rendered by the district court.
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