Doe v. Linder Const. Co., Inc.

OPINION

REID, Chief Justice.

This negligence action results from the rape of the plaintiff-appellee by two men who are not parties to the suit. The trial court granted the defendants-appellants’ motion for summary judgment, and the Court of Appeals reversed and remanded for a jury trial.

The complaint charges that the defendants negligently allowed a key to the plaintiffs residence to be stolen by other parties who, thereby, gained access to her residence and raped her. The plaintiff, who is the purchaser of a residence in a “planned unit development,” sued Linder Construction Company, the…