library rape victim sues architect, contractor

Bloomingdale library rape victim sues architect, contractor


TAMPA --

The family of the East Bay high school student who was brutally beaten and raped outside the Bloomingdale Regional Library in April 2008, is suing the companies that designed and built the facility where the attack occurred.

The victim, who was 17 at the time, suffered brain damage in the attack, is blind, and can't eat, walk or stand up without help. In the suit filed Nov. 14 in Hillsborough County, her family says the design and construction of the library, built in 2005, contributed to the attack.

The suit names Angle & Schmid Inc. of Largo, the general contractor, and FleischmanGarcia architects and planners of Tampa as defendants.

At issue is the design of the after-hours book drop – requiring patrons to exit their vehicles and walk to the after-hours container -- where Kendrick Morris first approached the victim.

The suit accuses FleischmanGarcia Architects and Planners of "negligent design, planning and construction" by creating "a latent hazard constituting an undue risk of harm."

The suit makes a similar accusation against Angle & Schmid, saying the general contractor "had a duty to evaluate and adequately assess the risks posed by the construction and mode of operation of the after-hours book drop so as to avoid any latent hazards" and "risk of harm" to those using the book-drop.

Bob Angle, president of Angle & Schmid, said his company is not responsible for the design.

"We built it exactly as shown on the documents," he said. "The architect determines how it should be done. Any design flaw someone feels was in that building, which may have somehow allowed some sort of hidden condition to exist allowing someone to commit a crime, is outside the realm of our responsibility."

A call to FleischmanGarcia was not immediately returned.

Morris was convicted in October 2010 of two counts of sexual battery and single counts of kidnapping and aggravated battery.

The plaintiffs are seeking in excess of $15,000 from each company.

http://www2.tbo.com/news/breaking-n...rary-rape-victim-sues-architect-co-ar-326925/


This is absurd. If the nation is too dangerous to deposit library books, perhaps we need to reform the criminal justice system.


_

 

Kendrick Morris gets 65 years in prison for rapes


TAMPA --

Kendrick Morris was sentenced to concurrent 65-year prison sentences today for the rapes of two women.

Morris was 16 when he savagely beat and raped a high school student as she dropped off books after hours at the Bloomingdale Regional Public Library in April 2008.

He was 15 when he broke into the Clair-Mel City day care center in June 2007, robbing an employee and raping her at knife-point.

Morris, now 19, was found guilty in separate trials last year.

The sentencing came after the sister of the library victim read a statement, which included personal thoughts on how difficult it has been for the family to endure life following the attack.

Spectators in the courtroom wept as the sister, Anna, expressed the suffering the victim lives with each day.

It is TBO.com policy to not publish the names of rape victims or their families. However, Anna gave the media permission to use her name and publish her photograph.

The family asked Circuit Judge Chet A. Tharpe for the maximum punishment allowable by law.

Normally, Morris would be eligible for life in prison. However, the U.S. Supreme Court last year stuck down life sentences for juveniles in cases not involving murder.

The sentencing had been repeatedly delayed after the defense raised concerns about the impartiality of the jury deliberations in the library rape case.

The specter of jury misconduct was raised in online comments posted by one juror about the panel's forewoman. He later backed off the allegations when quizzed by Tharpe.

But the judge allowed the defense to subpoena the forewoman's Facebook records. Morris' attorneys contend the forewoman knew about his earlier conviction in the day care rape.

Morris' attorneys brought up the matter this morning in a motion to reject the jury's finding of guilt in the library case. Tharpe rejected the motion before proceeding with the sentencing hearing.

The library rape victim was so viciously beaten she was left blind, and unable to walk, talk or eat on her own. She requires around-the-clock care.

She turned 21 in April and was in jeopardy of losing the Medicaid support that allowed her to be treated at home, possibly forcing her into a nursing home.

However, her family got a 90-day extension and she also was awarded a state grant for a two-month stay at the Florida Institute for Neurological Rehabilitation in Wauchula.

http://www2.tbo.com/news/news/2011/...ntencing-in-library-day-care-rapes-ar-208602/


This POS should be hanged within one year after an automatic appeal.


_

 

I feel bad for the victim however to try and place blame on the architect is ludicrous and dangerous

 

Well, they are only looking for $15 G's from each, which if culpable, amounts to likely 1-2% culpability. It seems that they picked low amounts in hoping the insurers of the two companies will settle quick, rather than fight someone they could also beat rather easily, it would seem.

It is a bit lame, but if nothing else, it may draw attention to such projects in other towns, to better manage the animal underclass that produced "Kendrick".

 

Any guesses as to "Kendrick" ? Does he have a father in the house ? How about Mom's status ? Did he have priors before these two rapes ? I have no specific knowledge, but I may look. Just wondering what your guesses would be ?

 

I blame liberals for a flaccid criminal justice system. Happy?


_

 

Here's mom. Its a mug shot.



Multiple arrests for mom. Jail time too.

Kendrick also had priors for animal cruelty. When 15.

What to you think ?

 

Well, if this is how the family wants to play it, why didn't the family teach their kid how to defend herself or buy her a stun gun or a real gun? Does this family really think this POS rapist couldn't have car jacked her when rolling down her window and dropping off the books that way? Seriously, why is it always necessary to blame other people just to make a buck off a bad situation?

 

Here is loverboy. The caption was a part of the image.



I knew nothing of these folks before I responded to your question. Found all this out in just the last few minutes. So I guess I went out on a limb ..... or was it really much of a limb ?

 

Also, why is it the architect to blame? I would think whoever made the design specs for the building was to blame (well, actually the rapist is to blame). The architect just builds to specs. If a drive up return box was specified, they would have built it.

 

You get more than 1 appeal and capital offense trials take time.

 

Ridiculous. If this results in some settlement, I suppose every violent mugging committed near a walk-up ATM....hell, near any building... would present opportunity for victims and ambulance chasing tort lawyer scum to sue the building's architects and contractors?

 

Wouldn't such a suit be more appropriate against the actual authority that ok'd the plans? The architect and contractor don't simply just build stuff how they want without some authorization. This case should be dismissed out of hand.

 

"Such projects?" What crap. This is not the fault of the architect, the contractors or anybody except the rapist. I feel horribly for the young lady and her family for what they are/have went through, but this is crossing the line. This will not solve anything, or bring any justice to what happened. This will just make some businesses either lose their insurance or have their premiums skyrocket, what will they do then? Lay people off.

It's not necessary, and this is a very, very slippery slope that this lawyer is going down. Does he even know anything about construction? The fact that they are trying to blame the architect is asinine, even even more so is blaming the contractor! As a contractor, you are contracted to build what is specked, period. Who is their right mind would question the outline of the building for potential rapes to take place? It is simply absurd!

I agree.

 

Which is why I used the modifier- should.

 

This is shaping up to likely be another welfare state success story. Good job, Deuce.

.

 

Hey, I did not invent the system. This kind of abuse of the system, where folks are paid off in lieu of the potential higher cost of litigation, would seem to be more of the problem, IMMHO.

Which also would beg for "loser pays".

Now, if one wants to look at that angle, and then look to Democrats to blame, its a perfect fit. The ABA, and contributions from trial lawyers in general, favor Democrats by over 4:1 nationally.

I believe that the blame for the crime resides more with liberalism, and the "War on Poverty", "victimhood". etc., as well.

 

The $15000 amount is likely the minimum amount to get a suit into circuit court. They will ask for a lot more later.

 

Someone in the Giffords camp should sue Palin...or maybe God for making it such a clear and sun shinny day that allowed Laughner to have a clear view of the congress woman.

Or the parents of the 9 y/o who was killed should sue Giffords for holding the meeting on that nice day.

 

I'm Shocked.........

 

I agree with you, I was just frustrated at the straight up stupidity of this situation. It just boggles my mind. It really does.

 

Frivolous lawsuits are filed all the time.

This one would only shock me if the plaintiff won. I doubt that happens.

 

I agree. It's clearly nonsense. The criminal is responsible for the crime, and should be held to account. If there was a mistake made by others which contributed to the crime being able to happen, it is sadly the mistake made by a 17 year old girl in going there (at night, I presume) on her own, not a mistake of the architect in building the building wrongly. The book drop was where it was - it's up to the users to make sure they are safe while using the facility. Sadly, of course, it's a mistake that is all too easy to make (and all too easy to identify in hindsight), and you don't expect criminals to be lying in wait to commit such crimes, but that still doesn't make it an actual design flaw in the building.