Thanadabouth v. Kongmany
| Decision Date | 12 February 1998 |
| Docket Number | No. 96-455-A,96-455-A |
| Citation | 712 A.2d 879 |
| Parties | Chanthanom THANADABOUTH and Vonguisay Thanadabouth v. Vilayvahn KONGMANY and Singbpheng Kongmany. ppeal. |
| Court | Rhode Island Supreme Court |
Joseph S. Votta, Jr., Providence.
Christopher M. Orton, Warwick.
This case came before us for oral argument January 21, 1998, pursuant to an order that had directed the appellants to appear in order to show cause why the issues raised in this appeal should not be summarily decided. After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown and that the issues raised by this appeal should be decided at this time.
The plaintiffs, Chanthanom Thanadabouth and Vonguisay Thanadabouth (tenants) have appealed from a summary judgment entered by a justice of the Superior Court in favor of the defendants, Vilayvahn Kongmany and Singbpheng Kongmany (landlords). The justice entered the summary judgment on the ground that the landlords had no legal duty to the tenants to provide additional exterior lighting in the rear of the premises to prevent a criminal act by third persons.
The landlords were the owners of a two-family house located at 41 Florence Street in the city of Providence. Shortly after the purchase of this house in 1987, the landlords occupied the second floor of the house as their residence and rented the first floor tenement to the tenants. Mrs. Kongmany is the sister of the plaintiff, Mrs. Thanadabouth.
It is undisputed that the neighborhood in which this dwelling is located has a high crime rate. However, there had been no prior criminal activity on the premises concerning either party prior to the event which gave rise to this litigation.
On December 15, 1990, the tenants were confronted by an armed man in a hooded sweatshirt who demanded the wife's purse, speaking in her native Laotian. The wife was carrying the proceeds of the sale of their restaurant as well as additional cash and jewelry which had been taken from a safe in the basement of the restaurant premises. The estimated total of money in the purse was more than $10,000. The husband believed that one or more of the restaurant customers was aware that the wife was carrying cash in her purse. At the time of this confrontation it was dark and was raining heavily. The time was approximately 5:45 p.m. The residence had two exterior lights, one near the driveway and the other in the rear. Both lights were on, but were described by Mrs. Thanadabouth as not very bright.
The wife refused to surrender...
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Flynn v. Nickerson Cmty. Ctr.
...determinative factor in considering whether an individual owes a duty to another, and we will not do so here. See Thanadabouth v. Kongmany , 712 A.2d 879, 879, 880 (R.I. 1998) (mem.) (holding that the defendant-landlord had no duty to tenants to install additional outdoor lighting on premis......
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Ouch v. Khea
...in the absence of special circumstances * * *, to protect his or her tenants from criminal conduct by a third party." Thanadabouth v. Kongmany, 712 A.2d 879, 880 (R.I.1998) (mem.). In that case, we declined to impose a duty of care on the defendant landlords to provide outdoor lighting to p......
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Mu v. Omni Hotels Mgmt. Corp.
...automobile had no duty to protect gang-member passenger from the intentional criminal acts of a rival street gang); Thanadabouth v. Kongmany, 712 A.2d 879, 879–80 (R.I. 1998) (landlord had no duty to protect tenants from criminal acts of third parties on premises located in high crime area,......
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Caseau v. Belisle, No. PC 01-4441 (RI 9/26/2005)
...Id. (citations omitted). If the Court determines as a matter of law that no duty exists, inquiry ceases. See, e.g., Thanadbouth v. Kongmany, 712 A.2d 879, 880 (R.I. 1998) (affirming summary judgment for defendant where motion justice found that defendant owed plaintiff no duty as a matter o......