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Dudley v. Offender Aid and Restoration of Richmond, Inc.

401 S.E. 2d 878, 241 Va. 270 (1991)

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Dudley v. Offender Aid and Restoration of Richmond, Inc.

Virginia Supreme Court
401 S.E. 2d 878, 241 Va. 270 (1991)

  • Written by Liz Nakamura, JD

Facts

Timothy Spencer was a violent convicted felon sentenced to a period of incarceration in a penitentiary. During Spencer’s incarceration, he was permitted to reside in a halfway house operated by Offender Aid and Restoration of Richmond, Inc. (OARR) (defendant). OARR’s halfway house left residents, all of whom were convicted felons, essentially unsupervised. Windows were left unsecured, there were no security measures in place, and Spencer’s room had a fire escape that gave Spencer an easy escape route. Spencer escaped the halfway house, broke into Debbie Davis’s home, raped her, and then strangled her to death. William Dudley (plaintiff), Davis’s administrator, sued OARR, arguing that OARR’s negligence had caused Davis’s death. OARR entered a demurrer, arguing that it did not owe Davis an actionable duty of care. The trial court sustained OARR’s demurrer and dismissed Dudley’s action. Dudley appealed.

Rule of Law

Issue

Holding and Reasoning (Russell, J.)

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