Cheryl Brown Giggers et al., v. Memphis Housing Authority, et al.

Case Number
W2006-00304-SC-R11-CV

The plaintiffs, survivors of a tenant shot and killed by the criminal act of another tenant, filed suit against the defendant housing authority, alleging negligence and breach of contract for failure to provide a safe premises. The trial court granted summary judgment in favor of the housing authority and the Court of Appeals affirmed. We granted review to determine whether the housing authority owed a duty of care, an essential component of the claim, under the theory of negligence. Because the potential for violence in the housing project was reasonably foreseeable and the gravity of the harm outweighed the burden on the housing authority to have taken reasonable protective measures, the judgment is reversed and the cause is remanded to the trial court for further proceedings.

Authoring Judge
Justice Gary R. Wade
Originating Judge
Judge Kay S. Robilio
Case Name
Cheryl Brown Giggers et al., v. Memphis Housing Authority, et al.
Date Filed
Dissent or Concur
This is a dissenting opinion
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