Seibert v. Vic Regnier Builders, Inc.

Betsy Seibert (plaintiff) was shot by robbers while exiting her car in an underground parking garage at a shopping center owned by Vic Regnier Builders (defendant), which provided no security measures at all — no signage, cameras, or guards; Seibert argued the attack was foreseeable given poor garage lighting and past criminal activity in the shopping area, though her evidence of prior crimes was limited to above-ground rather than underground incidents. The trial court, applying a prior-similar-incidents test, granted Regnier summary judgment, and Seibert appealed, arguing the broader totality-of-the-circumstances test should have applied instead.