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CRAMER v. BALCOR PROPERTY MANAGEMENT

No. 24004.

441 S.E.2d 317 (1994)

John W. CRAMER, as Personal Representative of the Estate of Genevieve Zitricki, Deceased, Plaintiff, v. BALCOR PROPERTY MANAGEMENT, INC., and Hidden Lake Partners, an Illinois Limited Partnership, T. Walker Brashier, individually and d/b/a Hidden Lake Apartments, Defendants.

Supreme Court of South Carolina.

Decided February 7, 1994.

Attorney(s) appearing for the Case

Douglas Franklin Patrick and Stephen R.H. Lewis, both of Covington & Patrick, Greenville, for plaintiff.

W. Howard Boyd, Jr., and James P. Walsh, both of Rainey, Britton, Gibbes & Clarkson; and Ray D. Lathan, of Lathan & Barbare, Greenville, for defendants.

C. Mitchell Brown, of Nelson, Mullins, Riley & Scarborough, Columbia, for the South Carolina Defense Trial Attorneys' Ass'n, amicus curiae.

FINNEY, Justice:

Pursuant to Rule 228, SCACR, the following questions have been certified to this Court by the United States District Court for the District of South Carolina:

Does a landlord owe a duty to a tenant to provide security in and around a leased premises so as to protect the tenant from criminal activity of third parties? If so, is the duty derived from the South Carolina Residential Landlord-Tenant Act, S.C.Code Ann. Section 27-40-10...

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