Martinez v. Woodmar IV Condominiums Homeowners Association

Martinez (plaintiff) was shot during an altercation with a group later identified as a local gang while attending a party at the Woodmar IV Condominiums after he saw them sitting on his car in the parking lot. The Woodmar Homeowners Association (defendant) knew the gang frequently loitered and engaged in criminal activity in the parking lot, employed a security guard only overnight starting around 8:00 p.m., before the shooting occurred, and had been warned by that guard that additional patrols were needed but declined to add security for budgetary reasons. The trial court granted the association summary judgment, finding no duty to protect Martinez from the gang's criminal acts, and the court of appeals affirmed on the ground that Martinez was merely a licensee; Martinez appealed.