This section contains the nature of the case and procedural background.

Lloyd (P) leased an apartment from Strain. That contract had an exculpatory clause in it to release the lessor from liability or future negligent conduct. After moving into the apartment, P realized that the sliding glass door in her apartment has been installed improperly. P notified Strain a number of times with respect to the defect. Strain sold his interest in the apartments to Service Corp. (D). D began to convert the apartments into condominiums. A burglar was discovered in P's apartment; entry accomplished by the defective door. P requested certain measure to repair be taken but they were not. P was eventually raped in her apartment; entry was accomplished by entering through the defective glass door. P sued D in tort. D filed a motion to dismiss and for summary judgment based on the exculpatory clause. That judgment was granted and P appealed.

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