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TIMBERWALK APARTMENTS, PARTNERS, INC. v. CAIN

No. 97-0475.

972 S.W.2d 749 (1998)

TIMBERWALK APARTMENTS, PARTNERS, INC., Timberwalk Apartments Ltd., and Sovereign National Management, Inc. d/b/a Sovereign/LBI, Petitioners, v. Tammie Rene CAIN a/k/a Tammy Cain, Respondent.

Supreme Court of Texas.

Decided July 3, 1998.

Attorney(s) appearing for the Case

Wayne Adams, Diane M. Guariglia, Jack McKinley, Houston, for petitioners.

Thomas M. Stanley, Morris Tabak, Houston, for respondent.

HECHT, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, GONZALEZ, ENOCH, OWEN, BAKER, ABBOTT and HANKINSON, Justices, joined.

Plaintiff alleges she was raped in her apartment because her landlord failed to provide adequate security. The principal issues are whether plaintiff alleges a negligent activity or a premises defect, whether chapter 92, subchapter B of the Property Code applies to personal injury actions, and whether the risk...

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