Trial Lawyers for Injured People
Jury Awards $3.6 Million in Mall Rape Case
HOUSTON – A jury awarded a former
Galleria employee $3.63 million on
Nov. 8 in a case against a security company
and the largest shopping mall in
Texas. The woman was 19 in August
2003 when she was abducted from the
Galleria parking garage and raped.
David Matthews and Jason Webster, the
victim’s attorneys, argued that HG
Shopping Center, LP., and its security
company IPC International Corp., were
negligent in failing to warn her of three
previous assaults on women in the 3 1/2
months prior to her kidnap and rape.
Defense attorneys brought crime expert
Dr. Merlyn Moore, who argued that
the previous Galleria assaults were statistically
insignificant and failed to indicate
a pattern of crime that made the
victim’s assault foreseeable.
Dr. Moore also argued that informing
the Galleria's 350 retail outlets of the
previous assaults would have caused
mass hysteria. Matthews countered with
a document showing the Galleria issued
a security alert to 350 retailers in
response to the theft of a bank bag in the
weeks preceding the sexual assault, and
therefore had the ability to warn retailers
of previous assaults and should
have.
Matthews also argued previous attacks
established a pattern of crime that
should have prompted mall security to
add more cameras and personnel, and to
establish a system to monitor roving security
positions in the garages. Two of
the previous assault victims testified, as
did the rape victim, that their screams
went unanswered by mall security.
Defense lawyers for IPC International
Corp., one of the largest security companies
in the U.S. with more than 6,500
employees, were unable to prove the
mall had the "100 percent coverage"
that security director Floyd Sharp said
he called for after the second reported
assault. The Galleria's parent company,
the Simon Property Group, owns more
than 200 retail centers across the U.S..




