Jenkins v. C.R.E.S. Mgmt. LLC, No. 14-20609 (5th Cir. 2016)Annotate this Case
Plaintiff filed suit against C.R.E.S. alleging that it had a duty to protect him from unreasonable and foreseeable harm due to the criminal acts of third parties. Plaintiff was shot by an unknown assailant in the doorway of his apartment and C.R.E.S. is the premises owner. The district court granted summary judgment for C.R.E.S. The court held that while the district court did not err in refining the complex’s relevant criminal history prior to analyzing foreseeability, it did err in categorically excluding the residential burglaries from its foreseeability analysis. In this case, the occurrence of fourteen residential burglaries within the twelve months preceding the incident in which plaintiff was injured, and C.R.E.S.’s knowledge of these crimes, when considered in conjunction with the other crimes that the district court denominated violent crimes relevant to its analysis, raises a fact question as to whether that incident was reasonably foreseeable. Accordingly, the court reversed and remanded for further proceedings.