Thursday, March 19, 2015

Victim's Family Awarded $12M in Accidental Apartment Shooting

Local news

The family of an Albuquerque man killed by a stray bullet in 2011 has been awarded $12 million.

Andrae Davis, 31, was shot and killed in the southeast Albuquerque shooting. A bullet went through the door and struck him in the heart in front of his fiancé and two children, according to an attorney.

The victim's family filed a lawsuit against the Eagle's Nest Condominium Complex and its property management company, saying they could have done more to prevent the shooting. The family’s attorney said the property manager didn’t screen tenants before they moved in.

He said there was no screening or background checks, though they are required by the rules of the complex. He said that led to a drug dealer living at the complex, who he believes was involved in the shooting that killed Davis.

A jury agreed with the family and awarded them $12 million.

No arrests were ever made in the shooting.


  1. That's . . . interesting . . . From this article it would appear that their theory of liability is that the rules created a duty which was violated by the property manager. Interesting theory, though I would think it a bit thin. Appeal will be interesting.

    The appeal may also find the $12 million excessive and see it reduced as happened with the headline grabbing hot coffee award against McDonald's years back.

    1. A lot of if's since the article didn't make it clear, but if the person had a prior public record, or conviction of drug dealing, the family will keep it's decision, even if the amount is decreased.

    2. Jack, the challenge is that no one has ever been charged with the man's death. So, while there was a resident that hadn't undergone the proper background checks, there is no mention of any connection between the unnamed and unknown assailant and the residents. Perhaps there is some connection that didn't make it into the story.
      The appeal will be interesting.

    3. I found this even wilder than blaming the gun maker.