Tenney v. Atlantic Associates

594 N.W.2d 11 (1999)

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Tenney v. Atlantic Associates

Iowa Supreme Court
594 N.W.2d 11 (1999)

Facts

Patricia Tenney (plaintiff) lived at Park Towne Apartments, which was owned by Atlantic Associates (defendant). Park Towne employees mishandled the master keys. One night, an intruder entered Tenney’s apartment using keys and raped Tenney. This was not the first attack on the property; a prior attack involved entry to another woman’s apartment with a key. Tenney brought suit against Atlantic Associates for its negligence in failing to maintain key records, failing to change her locks at move in, and failing to secure the master keys in the office. Atlantic Associates moved for summary judgment. The trial court granted summary judgment in favor of Atlantic Associates, holding that no duty to Tenney was breached and the intruder’s action was a superseding cause. Tenney appealed.

Rule of Law

Issue

Holding and Reasoning (Larson, J.)

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