A college student who was raped by a man who had intruded into her off-campus sorority house has confidentially settled a lawsuit with the home’s property manager for $2.5 million, her attorneys report.
David Kirby and Bill Bystrynski of Edwards Kirby in Raleigh and David Sherlin of Holt Sherlin in Raleigh said the intruder, a stranger to the student, walked through the front door of the sorority house, went into her bedroom, and raped her. The man has been criminally charged in the case.
The client filed a claim against the house’s property management company, alleging that it knew that the door that the rapist used to enter the house had been having issues with properly closing and locking for several months before the assault.
Bystrynski said that crime data for the half-mile area surrounding the house showed “substantial” violent crimes had occurred in the area while the student was living there. A security expert said that the assault was foreseeable and corrective security measures should have been taken.
Due to a confidentiality agreement, other details about the case, including the identities of the property management company and its attorneys, were unavailable.
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SETTLEMENT REPORT – NEGLIGENCE
Amount: $2.5 million
Injuries alleged: Severe emotional distress stemming from rape and sexual assault
Case name: Confidential
Date of settlement: Sept. 22
Attorneys for plaintiff: David Kirby and Bill Bystrynski of Edwards Kirby in Raleigh and David Sherlin of Holt Sherlin in Raleigh
Attorney for defendant: Withheld