Doe v. Brightstar Residential Inc.
Annotate this CaseThe Court of Appeal reversed the trial court's grant of summary judgment in favor of defendants in an action brought by plaintiff after she was assaulted at a residence for the disabled. The court concluded that the trial court abused its discretion by excluding evidence that suggested that defendants knew that the perpetrator was a problem. The court also concluded that the trial court erred in ruling that the residence owed no duty to plaintiff and similarly erred in concluding that plaintiff could not establish breach and causation. Rather, there was a material factual dispute about whether keeping the perpetrator at the residence breached this duty and caused plaintiff's injuries. Furthermore, there are disputed material facts about the extent to which the individual defendants knew or reasonably should have known about the hazard the perpetrator posed. The court remanded for further proceedings.