Our Atlanta premises liability lawyers read about a truly tragic case of the kidnapping and murder of a seven year old girl in 2011. Her mother, Joselinne Rivera, filed a lawsuit in February 2012, which was dismissed by Judge John Mather in August 2013, but without prejudice, meaning Ms. Rivera could file again if she came up with new evidence.
Ms. Rivera has now re-filed the lawsuit in Fulton County State Court. Her daughter, Jorelys, was kidnapped and killed by a man employed by an apartment complex. His name was Ryan McCabe Brunn and he worked in maintenance at the River Ridge Apartments in Canton, Georgia. He abducted Jorelys and sexually assaulted her before killing her in a vacant apartment at the complex and throwing her body away in a dumpster. Brunn was arrested for the crime and confessed. He killed himself while in prison.
Ms. Rivera claims that the apartment complex and McCormack Baron Ragan Management Inc. were partly responsible for Jorelys’s horrific death and that he showed warning signs that should have been addressed before the crime. The lawsuit claims that the apartment and managers gave Brunn master keys, which allowed him to use a vacant apartment during his brutal crimes against Jorelys. It claims that they failed to conduct a criminal background check, didn’t do a pre-employment drug screening, didn’t check references or arrest records, didn’t fire Brunn even after discovering he was using drugs, failed to respond to resident complaints about Brunn, and did not inform residents of a different sex offender living in the complex. On resident complaints, the lawsuit states, “Residents noticed Brunn hanging out at the two playgrounds inside the River Ridge apartment complex in Canton and staring at the young children playing.” One resident allegedly complained to the management, saying Brunn was bothering the children and was a danger to them. The initial lawsuit also claimed that Brunn confessed to two people that he molested his seven year old niece. Judge Mather found that Ms. Rivera presented no evidence that McCormack Baron Ragan could have known about this molestation.
During the original lawsuit filed in 2012, McCormack Baron Ragan asserted that Brunn’s violent tendencies were unknowable ahead of time and unforeseeable based on the information they had, and that he had no criminal record. They claim to have conducted a reasonable background check before hiring him. The background searches turned up nothing criminal in his past. McCormack Baron Ragan also submitted evidence that they had done a drug test, which came back negative for Brunn.
Atlanta Premises Liability Attorneys
If you or a loved one has been injured due to negligence, contact an experienced personal injury lawyer. To discuss the specifics of your case and any steps to move forward in legal avenues to get any needed compensation in difficult circumstances, contact the Law Office of Sammons & Carpenter as soon as possible at 404-814-8948, or fill out our confidential online case evaluation form for a free consultation today.
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