HOUSTON, TX--(Marketwire - Feb 17, 2012) - A Houston jury today awarded $20 million in past and future damages to a woman attacked in her apartment and brutally raped for almost 12 hours.
In finding for the plaintiff, the jury found PCM Barker Cypress LP, owners of the Promenade Cullen Park apartment complex located at 1800 Barker Cypress Road, Houston, Texas, negligent based on inadequate warnings and intentionally deceptive acts.
A masked, serial rapist kicked in the victim's second story patio door and hid waiting for hours for her to return home. Upon her arrival, the serial rapist overpowered her, taped her eyes shut, drugged her and then repeatedly raped and sodomized her for 12 hours.
The rapist had broken into the victim's next door neighbor's apartment 17 days before, and attempted to rape that occupant but he fled after a struggle. The apartment neighbors did not know one another due to different work schedules.
Based on the unique modus operandi of the first attempted rape, the Houston Police Department advised the apartment complex management that it was likely the work of a serial rapist and that the apartment complex should warn its tenants about the sexual assault.
The apartment complex management ignored the advice from the police and responded by sending out a misleading notice to their tenants advising them only of mere "break ins" at the complex.
The jury awarded $7 million in past physical pain and mental anguish, $5 million in future physical pain and mental anguish and $8 million for knowing and intentional violations of the Texas Deceptive Trade Practices Act. The victim signed a 12 month lease on the day after the apartment complex's management learned of the sexual assault occurring in the apartment next door to her. The apartment management intentionally withheld that information from the victim when inducing her into signing a new lease.
"This jury made Houston a safer place to live," commented attorney Troy Chandler. "Apartment complexes should send out accurate and truthful notices so that residents can protect themselves. This company was afraid of losing residents if it accurately reported crime and put its tenants' money ahead of its tenants' safety."
Attorneys Troy Chandler, Devin McNulty and Steven Kherkher from the Williams Kherkher Hart Boundas, LLP law firm represented the victim.
The case was tried in front of Judge Josephina Rendon of the 165th District Court.
About Williams Kherkher Hart Boundas, LLP
For over 25 years, Williams Kherkher Hart Boundas, LLP has represented injured men and women in a variety of cases, ranging from refinery explosions, pharmaceutical litigation, and asbestos and mesothelioma claims.
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