ASSAULT IN APARTMENT BUILDING – INADEQUATE SECURITY SKULL FRACTURE WITH COGNITIVE DEFECT
- Depressed skull fracture
- Slight cognitive impairment
Facts & Allegations: A 15 year old girl was struck on the back of the head by an unknown assailant on 3/7/88 in the lobby of her apartment building at 2592 Creston Avenue in the Bronx. Defts. were the owners and managers of the building. Pltf. was rendered unconscious and never saw her assailant. She claimed that Defts. were negligent for failing to install and maintain front door locks and an intercom system. She contended that Defts.’ failure to properly maintain security in the building, allowed her assailant to follow her into the building and assault her. Evidence indicated that other tenants had complained to Defts. about prior criminal and drug activity and other unsafe conditions in the building. Defts. argued that Pltf. had no evidence as to how her attacker entered the building.