Saelzler v. Advanced Group 400

Marianne Saelzler (plaintiff), a FedEx delivery worker, was beaten and nearly raped by unidentified assailants at a 28-building apartment complex owned by Advanced Group 400 (defendant), possibly through a propped-open security gate, though she could not identify whether her attackers were trespassers or residents. The owner knew of recurring gang activity and past assaults on the property, provided nighttime but not daytime security patrols, and Saelzler's expert testified additional security would have prevented the attack. The trial court granted the owner summary judgment for lack of proximate cause, but the appellate court reversed, reasoning the lack of daytime security shifted the burden to the owner, and the owner appealed.