Martinez (plaintiff) attended a party at the Woodmar IV Condominiums (Woodmar). During the party, Martinez saw a group of people sitting in and on his car. An altercation ensued and Martinez was shot. At trial the group was identified as a local gang. The Woodmar Homeowners Association (the association) (defendant) knew the gang often loitered and engaged in criminal activity in the Woodmar parking lot. The association employed a security guard but only overnight beginning at around 8:00 p.m. The shooting occurred before the security guard was on duty. The security guard had warned the association that additional patrols were necessary, but the association did not employ any additional security measures for budgetary reasons. Martinez brought a tort suit against the association. The trial court granted the association summary judgment, finding that the association had no duty to protect Martinez from the criminal acts of the gang. The court of appeals affirmed, finding that there was no duty because Martinez was a licensee. Martinez appealed.