A 9-month pregnant woman took a known short-cut through a fence to get a soda at a local shopping center, which had security on patrol. While on the premises, this woman was kidnapped by a man driving around, clearly waiting for a victim. She was taken away from the area and brutally raped. Thankfully, both she and the child survived.
Attorney Pamela J. Diedrich assisted in a suit against the shopping center. When the defendants argued that they were not required to guard short-cuts, our team argued that the path was worn and well-known. The shopping center had failed to repair the break in the fence for years, thus waiving any right to make their argument. This was in addition to evidence of high crimes in the area, and the shopping center’s failure to properly supervise and train its security guards. The defendant failed to produce materials in discovery and after numerous motions, the court ruled the defendant was limited in what defenses it could put on at trial for discovery violations, and the case settled.