Peterson v. Kings Gate PartnersAnnotate this Case
Donald Peterson, a resident of Kings Gate senior homes, was assaulted by Floyd Wallace on Kings Gate’s premises. Peterson filed suit against Kings Gate, alleging that Kings Gate was negligent by failing to exercise reasonable care in performing a criminal background check of Wallace, by failing to exclude Wallace from the Kings Gate premises, and by failing to warn tenants about Wallace and provide safe premises for tenants. The district court dismissed the complaint for failure to state a claim, reasoning that Kings gate had no duty to protect Peterson from Wallace. The Supreme Court reversed, holding that Kings Gate owed a duty to Peterson such as to overcome Kings Gate’s motion to dismiss.