Legal Question in Civil Litigation in Michigan
Would I be successful in suing for exemplary damages?
On 1/26/04, 2 defendants in a criminal case pleaded guilty to 2 charges each of larceny and entering without permission, which was lowered from 4 counts each of 2nd degree home invasion and larceny. I was the first victim in this spree which lasted 4 months.They were committed by 1 former and 1 current employee of the apartment complex in which I live.As a criminal investigation was being done one of them continued to work for the apartment complex, giving him access to the complex, to commit more entering/larceny, which he and his buddy, did.
I questioned the apartment complex about this employment practice numerous times and they gave me some nonsense about the crimes being due to the poor labor market,(interesting answer, since one of the defendants was formerly fired by them).I don't know about you, but if I were under criminal investigation, I'd be at the very least suspended from my job.
I would like to know your opinion on if I would be successful in suing the complex for exemplary/punitive damages as well as reimbursement for larceny losses and payback of my rent for the 4 months that crimes were taking place...or if it would be better to take this to small claims court w/o the punitive damages attempt.
1 Answer from Attorneys
Re: Would I be successful in suing for exemplary damages?
Your best bet would be to investigate the possibility of having all of the tenants join in a class action case to sue the complex for breach of the lease of quiet enjoyment, especially after being notified that one of their own employees was involved and doing nothing. It is an interesting case. I have handled a similar class action for Sprint cell phone customers. I'd be interested in talking to you. William S. Stern 248-353-9400
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