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RMV PC2 Brief - Gaile Nixon(R.M.V mother v Chalmette's...

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Gaile Nixon (R.M.V mother) v. Chalmette's owner and Property Manager Issue : Can Gaile Nixon recover for negligence by Chalmette's owner and Property Manager? Rules : Proximate Cause : An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred. Negligence : 1)existence of a legal duty to the plaintiff 2)the defendant breached the duty 3)the plaintiff was injured 4) the defendants breach of duty caused the injury. foreseeability : reasonably anticipate that damage or injury will probably ensue from acts or omissions. Application : Gaile argues that had the Chalmette's owner and Property manager properly maintained and secured the apartment premises, her daughter R.M.V may not have been raped, due to the unavailability of a close, private and abandoned area. They owner and manager should have foreseen the occurrence of the crime, because of the previous crimes that have occurred in the same location. They breached the duty by not following city regulations and installing a
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