Ruiz v. Victory Props., LLCAnnotate this Case
This negligence action arose when a ten-year-old boy dragged a piece of concrete up to his family’s third floor apartment and dropped it to the ground below. The boy had removed from the backyard of the apartment building that the residents shared. The concrete struck seven-year-old Adriana Ruiz on the head, causing very serious brain injuries. Adriana’s parent and Adriana filed this negligence action against Victory Properties, LLC, the owner of the apartment building, alleging that Defendant was negligent in failing to remove the loose concrete and other debris from the backyard of the apartment building and that this negligence was a cause of Adriana’s injuries. The trial court granted summary judgment in favor of Defendant, concluding that Adriana’s injuries were not foreseeable. The Appellate Court reversed. The Supreme Court affirmed, holding that Plaintiffs were entitled to a jury determination of their claim that Defendant bore at least some responsibility for Adriana’s injuries.