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

P and a friend Deborah had another friend who lived in a condo. They went to visit her friend and parked their car in the street level parking lot and walked to the lobby doors. The lighting in the parking lot was dim and she intercomed her friend. The intercom was answered by the friend's brother in law who then tried to let them in by the buzzer. That system failed to work, and P was told that he would be down to let her in. Before he could admit her, P was attacked by a man, later identified as Kenneth Strickler. She suffered injuries as a result of the attack. The jury in response to interrogatories returned a verdict for P on only the count of failure to maintain the building communication system in working order. D's had moved for a directed verdict, but the court had denied that motion. This appeal resulted.

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