McPherson v. State Ex Rel. Department of Corrections

On Christmas eve, 2001, an escaped convict named Leighton Bates entered a stand-alone laundry shed in Lancaster Gardens, a Salem apartment complex owned by defendants, where he restrained, assaulted, and repeatedly raped plaintiff Bertha McPherson. He also restrained and assaulted her teenaged son, plaintiff Charles McPherson. Plaintiffs each brought an action alleging that defendants were negligent in failing to provide safe premises. Defendants moved for summary judgment. The trial court granted the motions, ruling that “there is no evidence that the defendants could have reasonably…