It was also emphasized that Obumseli was fatally stabbed “while within” the subject premises.
“There is no allegation that there was any unlawful entry, break-in to the premises, nor any failure of anyone to render aid after the event,” one portion of the text stated. “There is no allegation of the existence of a legal restraining order. There is no allegation anyone held or was given a legal right to exclude either co-resident from their own home.”
The building owner argued that Florida law is clear there is no duty imposed upon either an Association or a Property Manager, to “protect” adult co-residents lawfully residing together from each other inside their own premises. They doubled down that no amount of security could have prevented the alleged event as it took place in their condo.
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