Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970)

Citation: Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970)
Parent Document: Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970)
Jurisdiction: DC (municipal)
Effective Date: 1970-09-08
Original Source: https://www.courtlistener.com/opinion/295292/sarah-b-kline-v-1500-massachuset... ↗

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Finally, I find absolutely no basis for the panel to conclude on the record below that negligence has been proved as a matter of law and to order a trial on the question of damages only. If the court wanted to absolve appellant from responsibility for his failure to produce competent evidence in the trial of the case the most that it could properly do, in my opinion, would be to remand the entire ease for a new trial on the new rules of law here espoused for the first time. In such a trial appellant would also be required to introduce some evidence to overcome the rule of law that a private person does not owe a duty to protect another person from a criminal attack by a third person unless such attack was both foreseeable and arose from the private person’s negligent conduct.11

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