NOLA M. v. University of Southern California

*424 Opinion

Nola M. was attacked and raped on the campus of the University of Southern California. She sued USC and won, on a theory that the university was negligent in failing to deter the attack. At trial, Nola’s expert criticized USC’s security measures and found them wanting but he did not, and on the facts of this case could not, say that 2 or 10 or 20 more guards or other security measures could have prevented Nola’s injuries. Since abstract negligence unconnected to an injury will not support liability, we reverse.

Facts

Nola drove onto USC’s main campus early one evening, intending to drop off a deposit at the USC Federal Credit Union. She parked her car across the street from the credit union building, walked down the street and cut across a lawn to the sidewalk in front of the human resources center, just to the east of the credit union building. As Nola walked along the front of the human resources center, she was grabbed from behind by an unknown assailant, stabbed, beaten, pushed to the ground, dragged to some bushes in front of the human resources center and raped. About 30 to 45 minutes later, Nola heard a car drive by and screamed. Her assailant fled, taking…

I dissent. I would affirm the judgment insofar as it awards plaintiff compensatory damages, for I perceive substantial evidence from which the jury could have found defendant’s negligence was the legal cause of plaintiffs injury.

Plaintiff based her case on two related theories, one of which is that defendant negligently maintained its property in a dangerous condition by permitting dense, high foliage to grow in the area of the credit union and lighting the surrounding area inadequately. There is a dangerous condition of property when a person of ordinary prudence should have foreseen that the condition would enhance appreciably the risk of harm. (Constance B. v. State of California (1986) 178 Cal.App.3d 200, 209 [ 223 Cal.Rptr. 645 ].)

In my view, that the evidence in the instant matter is sufficient to establish a dangerous condition of property in the immediate area of the credit union and human resources center is not open to serious question. There was dense, high, concealing foliage extending along nearly the entire front of the human resources center, and there was similar foliage in front of the credit union. Such foliage in itself deepens shadows and absorbs lighting,…

VOGEL (Miriam A.), J.

Nola M. was attacked and raped on the campus of the University of Southern California. She sued USC and won, on a theory that the university was negligent in failing to deter the attack. At trial, Nola's expert criticized USC's security measures and found them wanting but he did not, and on the facts of this case could not, say that 2 or 10 or 20 more guards or other security measures could have prevented Nola's injuries. Since abstract negligence unconnected to an injury will not support liability, we reverse.

Nola drove onto USC's main campus early one evening, intending to drop off a deposit at the USC Federal Credit Union. She parked her car across the street from the credit union building, walked down the street and cut across a lawn to the sidewalk in front of the human resources center, just to the east of the credit union building. As Nola walked along the front of the human resources center, she was grabbed from behind by an unknown assailant, stabbed, beaten, pushed to the ground, dragged to some bushes in front of the human resources center and raped. About 30 to 45 minutes later, Nola heard a car drive by and screamed. Her assailant…