Post Properties, Inc. v. Doe

Smith, Judge.

Jane Doe was raped inside her apartment and filed this action against Post Properties, the owner and operator of the apartment complex where she lived. She claimed Post was negligent because the criminal conduct of her assailant was foreseeable and could have been prevented if Post had kept the premises safe. Post filed a motion for summary judgment, which was denied by the trial court on the basis of this Court’s holding in Walker v. Sturbridge Partners, Ltd., 221 Ga. App. 36 (470 SE2d 738) (1996), aff’d, 267 Ga. 785 (482 SE2d 339) (1997). We granted Post’s application for…