Shandalyn Sanders v. Erp Operating Limited Partnership

Summary

The court held that the evidence was sufficient for a jury to find that the apartment owner's negligent security measures more likely than not substantially contributed to the decedents' deaths. The absence of forced entry and uncertainty about how the assailants entered did not require a directed verdict because the inoperable security gate, prior criminal activity, and expert testimony supported a reasonable causation inference. The court quashed the appellate decision and remanded for further proceedings. Justice Polston, dissenting, would have dismissed the review because he found no express and direct conflict with the cited decisions.