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PREMISES LIABILITY: Superior Court holds premises operator may not apportion liability for negligence where third party accused of committing sexual assault

PREMISES LIABILITY: Superior Court Holds Premises Operator May Not Apportion Liability For Negligence Where Third Party Accused Of Committing Sexual Assault

The plaintiff brought suit against the defendant condominium management company, her assailant and others after she was sexually assaulted in her apartment.  The claims directed to the corporate defendants sounded in negligence and the claim against her assailant alleged intentional sexual assault and wanton/reckless sexual assault.  A settlement was reached as to the assailant and the claim against him was withdrawn.  The corporate defendants subsequently filed notice of their intention to file an apportionment complaint against the assailant and the plaintiff moved to strike.  The Court granted the motion to strike, holding that apportionment of liability is appropriate only where the defendants are alleged to be jointly liable for a like claim.  Where, in this case, the third party was accused of only intentional misconduct, the claim for negligence could not be apportioned against him. St. John v. The Classic Condominiums; No. FSTCV176031570, Dec. 4, 2018

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