Nixon v. Mr. Property Management Co.
- Court
- Texas Supreme Court
- Decided
- May 1, 1985
- Docket
- C-3425
- Status
- Published
- Jurisdiction
- Texas
Cited 7,748 timesNo negative treatment found in this library
What later courts said
- holding that evidence favorable to the non-movant must be taken as true in a summary judgment proceeding — Powers v. Floyd (1995)
- holding that specific knowledge of previous rapes in area was not necessary for rape to be foreseeable when defendant had knowledge of high crime rate of area generally — Coastal Mart, Inc. v. Southwestern Bell Telephone Co. (2005)
- holding that specific knowledge of previous rapes in an area was not necessary for rape to be foreseeable when defendant had knowledge of high crime rate of area generally — Montes v. Indian Cliffs Ranch, Inc. (1997)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
HILL, Chief Justice.
This is an action for damages filed on behalf of a minor, R.M.V., against Mr. Property Management Company and Brett Davis. R.M.V. was raped in a vacant unit of the defendants’ apartment complex. She was not a resident or a guest at the complex. The trial court granted Mr. Property and Brett Davis’ motion for summary judgment. The court of appeals affirmed the judgment. 675 S.W.2d 585. We reverse the judgments of the courts below and remand the cause to the trial court for a trial on the merits.
Background R.M.V., age 10, resided at the Landmark Apartments. At about 7:00 p.m. on August 7, 1981, while it was still light, a young man abducted R.M.V. from a sidewalk outside the Landmark Apartments and dragged her to the Chalmette Apartments, located diagonally across the street from the Landmark Apartments. According to R.M.V.’s affidavit, her assailant took her “directly to a vacant apartment at Chalmette Apartments.” There, he raped her, put her in the closet, told her not to leave, and disappeared. There are no other known witnesses. Chalmette Apartments learned of the incident later that night when a police officer spoke to the maintenance man and the resident manager.
Cite this
Nixon v. Mr. Property Management Co., 690 S.W.2d 546 (1985)Read the full opinion
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