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Click here for the full text of this decision FACTS:The Jai Jalaram Lodging Group d/b/a Comfort Inn-Alvin appeals from a judgment in a negligence suit, where a jury found appellant partially responsible for the injuries appellee Rhonda LeRibeus sustained in an armed robbery, kidnapping and aggravated assault that began in the parking lot of its Comfort Inn motel. HOLDING:Reversed and rendered. The court concludes that the risk of the particular criminal conduct against LeRibeus was unforeseeable to appellant and thus, as a matter of law, appellant had no duty to protect her from the criminal acts of the third parties. The Timberwalk factors — proximity, recency, frequency, similarity, and publicity — must be considered together in determining whether criminal conduct was foreseeable. Timberwalk Apartments, Partners Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998). The evidence shows that within the two years and two months prior to the attack on LeRibeus, police call reports within a one-mile radius of the Comfort Inn showed a rise in criminal activity from 1999 to February 2001. While the analysis of Dr. David Salmon, LeRibeus’ expert witness, was based on a broad definition of relevant call reports, there was no evidence that any of the purported crimes involved the degree and severity of the crime in question. Further, the figures generated to show a rise in crime show only a slight increase, and thus, such evidence is not strong enough to show the risk of criminal conduct on appellant’s property had reached a level as to make crime likely, the court decides. Incident reports analyzed by Dr. Merlyn Moore, appellant’s expert, showed that only 40 of the calls for service in the one-mile radius were related to violent crimes, 22 of which involved domestic disturbances. The evidence showed that no violent crimes had ever occurred at the Comfort Inn, and that no violent crimes had been reported at the neighboring motels in over two years. Several property crimes, however, had occurred at the Comfort Inn. Property crimes may expose a dangerous condition that could facilitate personal crimes. “As noted in Timberwalk, property crimes, such as repeated burglaries at a targeted apartment complex, may increase the risk of violent personal crimes like sexual assault at the same location, but in this case there was no evidence that the few property crimes occurring at the Comfort Inn, at the neighboring motels, or even those in the surrounding area, were occurring with any notable frequency or were of the kind that would have facilitated the violent personal crimes committed against LeRibeus on appellant’s property.” There was no evidence that criminal activity within the one-mile radius of the Comfort Inn, as indicated by either police call reports or incident reports, was widely publicized in the media or otherwise known to appellant. It was undisputed that for appellant to have knowledge of this criminal activity, the property owner would have had to contact the Alvin Police Department and request such information, presumably at regular intervals during the preceding two years. Property owners bear no duty to regularly inspect criminal records to determine the risk of crime in the area. There was no evidence that appellant had actual knowledge of previous crimes at the Comfort Inn, neighboring motels or surrounding area that were sufficiently similar to the criminal conduct in question as to put it on actual notice of the risk of the future criminal activity on its property. OPINION:Chew, J.; Barajas, CJ, McClure and Chew, JJ.

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