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Agnes Scott College5/24/2005
06.
As in Doe, there was no evidence here that any similar incidents had occurred in the South Candler lot that would have made the attack on Clark foreseeable to Agnes Scott. As a matter of law, break-ins to unoccupied cars and other incidents that did not involve person-to- person violence or contact would not make the daytime abduction of Clark foreseeable. Id.; see also Baker, supra, - Ga. App. at - (parking lot shooting unforeseeable as a matter of law where criminal incidents in prior year consisted only of thefts or burglaries from unoccupied vehicles, criminal damage to unoccupied vehicles, and stealing of three unoccupied vehicles). Nor would general crime statistics and student concerns about walking alone in a parking lot at night create an issue of fact regarding the foreseeability of a random attack on a student in broad daylight in the parking lot. See, e.g., Baker, supra, - Ga. App. at -. The prior criminal acts here do not suggest that personal injury would occur in the manner that it did in this case. The parking lot was a common area used by several students, where the potential confrontation with any attacker could be brief, especially during the middle of the day when the parking lot was full. See Doe, supra, 268 Ga. at 606; Doe, supra, 222 Ga. App. at 172-173 (1) (b).
Without any evidence of similar occurrences or other evidence that would have made the attack on Clark foreseeable, Agnes Scott is entitled to summary judgment as a matter of law. Doe, supra, 268 Ga. at 606; Doe, supra, 222 Ga. App. at 172-173 (1) (b). As much as we sympathize with Clark and commend her for her strength in surviving the brutal events, the binding authority of the Georgia Supreme Court dictates a reversal of the denial of summary judgment to Agnes Scott. See Doe, supra, 268 Ga. at 606.
2. Our holding in Division 1 renders moot Agnes Scott's challenge to the expert testimony offered by Clark. The attack was unforeseeable as a matter of law, and the offered expert testimony attempting to show otherwise does nothing to change this result. See Doe, supra, 222 Ga. App at 172-173 (1) (b).
Judgment reversed. Blackburn, P. J., and Bernes, J., concur.
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