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Traicoff v. Withers

The owner and manager of an apartment complex were not liable for the death of plaintiff's husband when he was attacked by another tenant because there was no evidence that the attacker had previously injured another person.

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On June 18, 1996, Reed Withers was killed by James Salery following a quarrel at the apartment complex where Withers lived. Reed Withers’ wife, Susan, sued James Traicoff, the owner of the complex, and Carolyn Loudermilk, the apartment manager, for failing to exercise due care to protect her husband from Salery’s attack. The defendants moved for summary judgment, and the trial court denied their motion. On appeal, the defendants allege that the trial court erred. We agree and reverse.

To prevail at summary judgment, the moving party must show that

 
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