September 28, 2009

Gunshot Victim

In Kelly v. Norgate Business Associates, a case that originated in the Bronx Supreme Court and went up on appeal, a gunshot victim was able to proceed to a jury trial in his action to recover damages against the building owner and its security company after he was shot in an apartment building lobby. The victim was visiting a friend in the building. When he entered he found the locks broken and the security guard never asked him to sign in. There was a group of 10 to 12 men in the lobby near the guard. When the victim left the the building, a fight broke out and the victim was shot, while the guard did nothing but call police only after shots were fired. The Appellate Division ruled that the victim may recover as a third-party intended beneficiary of the security contract between the building owner and the security company where there was evidence that security officers were to safeguard lives and not just property. It also noted the building owner may also be found liable as a jury may find the assailant was an intruder who entered and exited the building through the broken doors. www.foleygriffin.com