Survivors of Shooting at Cheyenne Housing Complex Lose Appeal
Larry Warwick and Gregory Gilbert claimed Accessible Space, Inc., who owns and operates Heritage Court Apartments, was negligent for failing to protect them from the gunman, Larry Rosenberg.
Rosenberg, another tenant, shot the two as well as employee Matthew Wilson on Sept. 4, 2016, before fatally shooting himself. Wilson died at the scene and Warwick and Gilbert suffered serious injuries.
According to court records, Rosenberg had filed written complaints with ASI about Warwick parking his truck -- which was leaking oil -- in the parking lot, smoking too close to the building, threatening to "kick his ass" and having a "dirty mouth.
Rosenberg had also complained multiple times about Gilbert being allowed to host poker games at the facility because, in his view, it violated the lease prohibition on gambling.
The Supreme Court concluded, however, that ASI did not have a common law duty to protect Warwick and Gilbert from Rosenberg's unforeseeable criminal action.
"ASI was obligated to fulfill the obligations regarding tenant complaints set out in its lease and the resident handbook," Judge Keith Kautz wrote. "However, even if we assume ASI failed to sufficiently address Mr. Rosenberg’s minor complaints, its actions were not the proximate cause of the plaintiffs’ injuries."