Leslie G. v. Perry & Associates

Leslie G. was raped in the garage of her supposedly “secure” apartment building. She sued the building’s owners (but not the rapist, who was never caught and who, most likely, would in any event be judgment-proof), contending the owners were negligent because they failed to repair a broken security gate and that their negligence caused her rape. The trial court granted the owners’ motion for summary judgment and Leslie appeals, contending the landlords owed a duty to her and that their negligence was the cause of her rape. The landlords insist that, on the facts of this case, no duty was owed but contend that, even assuming duty and breach, their negligence was not the cause of Leslie’s rape. Because we agree with the landlords on the causation issue, we assume without deciding that a duty was owed and hold that, as a matter of law, an expert’s uncorroborated speculation is insufficient to establish causation.

Facts

Leslie arrived home at about 2 a.m. on June 15, 1990, used her security access card to enter the apartment building’s underground garage, drove down a ramp and pulled into her parking space. As she got out of her car, Leslie was attacked by an unknown…