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Miller v. City Views at Rosa Burney Park GP LLC

The trial court erred in granting summary judgment to the defendant apartment complex and defendant management company on the plaintiff's vicarious liability claim arising from an incident in which an off-duty police officer performing security at the complex shot the plaintiff.

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Tramaine Miller appeals from the grant of summary judgment to City Views at Rosa Burney Park GP, LLC “City Views”, Ambling Management Company “AMC”, and Kelly Bunch collectively “Defendants” in his suit against them based on an incident in which he was shot by an off-duty police officer performing security at City Views apartments. Miller contends that the trial court erred because fact questions remain as to 1 whether the Defendants were vicariously liable for the actions of the off-duty officer, 2 whether the Defendants negligently provided security at the apartments, and 3 whether punitive damages are available. For the reasons that follow, we affirm in part and reverse in part.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.1

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