Vol. 56 No. 7

Trial Magazine

Verdicts & Settlements: Premises Liability

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Failure to monitor sex offender living at apartment complex

July 2020

Naomi Jones, 12, was abducted from her apartment complex by a registered sex offender in the middle of the day. Five days later, the child’s body was found in a nearby creek. The alleged assailant, who was living at the complex with his girlfriend, reportedly confessed to the murder.

Jones’s estate sued the apartment owner and management company, alleging improper monitoring of residents at the complex. The plaintiff asserted that Jones’s assailant was a violent sex offender who was living at the apartment “off lease” and that the defendants would have known of his presence if they had followed common industry practices, including during the rental application process.

The apartment owner settled for its $2 million policy limits. The management company settled confidentially.

Citation: Hurry v. Aspen Village Acquisition, LLC, No. 2018CA001991 (Fla. Cir. Ct. Escambia Cty. Mar. 19, 2020).

Plaintiff counsel: AAJ members Michael A. Haggard and Christopher L. Marlowe, both of Coral Gables, Fla.; and Samuel Bearman, Pensacola, Fla. Plaintiff expert: Paul Kastes, management, Young Harris, Ga.

Defense expert: Paul White, management, Miami.