stating "[i]t is not necessary to allege that past crimes involving entry into unauthorized places are of the same general nature as the one which gave rise to the claim.... If a burglar may enter, so may a rapist."
How later courts described this case
- stating "[i]t is not necessary to allege that past crimes involving entry into unauthorized places are of the same general nature as the one which gave rise to the claim.... If a burglar may enter, so may a rapist."
- previous unlawful entry to a tenant's apartment from fire escape was notice to landlord of risk of tenant being raped in another unlawful entry
- plaintiff need not prove prior criminal assaults on premises because negligence of landlord created risk realized
- sexual assault by intruder who gained entry to plaintiffs apartment via window adjacent to fire escape
Written by the judges who cited it.
The opinion
WELLIVER, Judge,
concurring.
Were I free to do so, I would dissent in this case for all of the reasons set forth in my dissents in Virginia D. v. Madesco Inv. Corp. 648 S.W.2d 881 , (Mo. banc 1983), Madden v. C & K Barbecue Carryout, Inc., 758 S.W.2d 59 (Mo. banc 1988), and Decker v. Gramex Corp., 758 S.W.2d 59 (Mo. banc 1988). However, the binding precedent of the majority holdings of those cases compels me to concur.