Mechelle Medcalf (plaintiff) and a friend, Deborah Michelson, arrived at 1633 Washington Boulevard in Stamford, Connecticut, to visit their friend, Tracy Skiades, who resides at the Washington Heights Condominiums. Ms. Medcalf parked her car in the

Question

street level parking lot and walked to the lobby doors. The lighting in the parking lot was dim. She picked up the intercom and called Ms. Skiades. Ms. Skiades's brother-in-law answered and tried to let Ms. Metcalf in using the electronic buzzer system. The system did not work, so Ms. Skiades indicated she would come down and open the door. As she traveled down to the lobby, Ms. Medcalf was attacked and injured by Kenneth Strickler.? Ms. Medcalf filed suit against Washington Heights Condominium Association and Professional Property Management Company, Inc, its managing agent.. Ms. Medcalf alleged that their failure to maintain the buzzer system was the cause of her assault and injuries. Discuss whether the Association and the management firm would have liability.

Answer 1

What is missing in the case is any knowledge on the parts of the Association or management company that there was criminal activity. Also, the court noted that the failure of the intercom as the cause of the assault. The court noted that the buzzer system was not set up for safety, but convenience and was not designed to protect outsiders.
The failure to maintain the intercom system was inconsequential and was not the proximate cause of the assault. The injury may likely have occurred without any negligence with respect to the intercom system.

The Association could not have reasonably foreseen that a malfunctioning intercom system might provide a substantial incentive or inducement for the commission of a violent criminal assault on their property by one stranger upon another.