## Facts

- Patricia Tenney rented an apartment managed by Atlantic Associates (Park Towne Apartments).
- Tenney was raped in her apartment in early morning hours of December 5, 1993, by an unknown intruder who apparently used keys to enter.
- The apartment door had two keyed locks (including a deadbolt), and there were no signs of forced entry.
- When Tenney moved in, the first key provided did not work; an employee then gave her two different keys and stated they were “master keys” and would be needed back to make copies because the office had no other keys to her unit.
- The locks had not been changed after the prior tenant moved out, so the same keys continued to operate the locks.
- Tenney alleged negligent security and key control, including failure to change locks, failure to keep records of access to keys, and failure to secure keys kept in the manager’s office.
- Atlantic moved for summary judgment; the district court granted it on the grounds of no breach of duty and superseding cause (the intruder’s criminal act).
- Tenney filed a timely Iowa R. Civ. P. 179(b) motion to modify/enlarge and sought to add materials to the record; both were denied, and she appealed.

## Issues

1. Whether Tenney’s appeal was timely because a proper Iowa R. Civ. P. 179(b) motion tolled the time to appeal.
2. Whether summary judgment was proper on the ground that the landlord owed no duty, or breached no duty, concerning key control and apartment security.
3. Whether the intruder’s criminal act was a superseding cause as a matter of law, barring liability and justifying summary judgment.

## Decision

- The court held it had appellate jurisdiction because Tenney’s rule 179(b) motion was proper and tolled the appeal deadline.
- The court reversed summary judgment for Atlantic Associates and remanded for further proceedings.
- The court held the record presented genuine disputes of material fact on whether Atlantic exercised reasonable care in key control and related security measures.
- The court held proximate cause and superseding cause could not be resolved as a matter of law because the criminal act could be within the scope of the risk created or increased by lax key control.

## Legal Principles

- A landlord owes tenants a duty of reasonable care under the circumstances; the content of that duty and breach may present fact questions when security depends on the landlord’s control of keys and locks.
- On summary judgment, evidence is viewed in the light most favorable to the nonmoving party, and factual disputes about duty, breach, and causation preclude judgment as a matter of law.
- A third party’s intentional criminal act does not automatically constitute a superseding cause; foreseeability and whether the defendant’s conduct created or increased the risk are central to the analysis.
- When alleged negligence involves inadequate control of keys and locks that could enable unauthorized entry, causation and superseding-cause questions are generally for the jury.

## Conclusion

The Iowa Supreme Court reinstated Tenney’s negligence claim, holding that disputes over reasonable key-control practices and whether the rape was a foreseeable result of the landlord’s alleged failures required jury resolution, and that the criminal act could not be treated as a superseding cause on summary judgment.


Tenney v. Atlantic Assocs., 594 N.W.2d 11 (Iowa 1999)