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Staffing company, apartment complex accused of responsibility for rape—$3,000,000 Settlement

Plaintiff was attacked in her apartment late at night by a maintenance worker who was hired by a staffing agency as a temporary employee of the management company of the apartment building. The worker had access to the key to plaintiff’s apartment and used the key to enter the plaintiff’s apartment where he sexually assaulted her, stabbed her, robbed her and left her to suffocate to death after wrapping duct tape around her hands, feet and her head.

The plantiff survived and was able to identify her attacker who was arrested, charged and found guilty of numerous criminal charges.  Upon further investigation, it was found that the maintenance worker had an extensive criminal history. However, the staffing agency performed only an Internet background check that disclosed only one of his prior felonies.

The staffing agency did not disclose to the apartment complex management that the maintenance worker was a convicted felon. Among other things, the management company failed to properly utilize its "state of the art" key tracking system and would not let the plaintiff install a deadbolt.

Type of action: Personal injury

Injuries alleged: Stab wounds, rape, depression, anxiety and PTSD

Name of case: Confidential

Tried before: Mediation

Name of mediator: Johanna L. Fitzpatrick

Special damages: $32,627.35 plus life care plan of $170,171.68 - $229,354.20

Verdict or Settlement: Settlement

Amount: $3,000,000

Plaintiff's attorneys: H. Aubrey Ford III (with Colleen M. Quinn)

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