Rodriguez v. Philip

The Philips, tenants in a small apartment complex, brought suit against the owners, the Rodriguezes. The plaintiffs alleged that the Rodriguezes were negligent by failing to make the premises secure and that such negligence proximately caused their damages when certain personalty was stolen from the Philips’ apartment during the absence of the tenants occasioned by the apartment complex being tented for fumigation. The Philips alleged that the owners “knew or in the exercise of reasonable care should have known, that when a building is being tented and thereby vacated, said building is a…