Donna Marie Morgan resided in an apartment building owned by the 253 East Delaware Condominium Association and managed by Joseph Moss Realty. One evening at about 8:30 p.m., Morgan walked from her class at Loyola University’s downtown campus to the building, where she entered the lobby, checked her mail, and entered the elevator in the lobby. As she had first entered the building, she had observed a man talking to the doorman. The man followed her into the elevator. When it arrived at the 10th floor, he poked a gun into her back, forced her off the elevator, and robbed her and beat her with the gun, causing severe injuries. 

Morgan brought a lawsuit against the Association and Moss alleging that they were negligent for failing to protect her from the criminal acts of the unknown third party because they undertook to provide security and performed it in a negligent fashion. Morgan testified that when she first rented the apartment she was told the neighborhood was safe and the building had security, including a 24-hour doorman. The doorman testified that the man had responded to an inquiry as to whether he could help him by replying, “Unit 13G.” The doorman had then called the tenant in Unit 13G, told him his guest was here, and was told by the tenant to “let him up.” The tenant had earlier told the doorman he was expecting guests. In these circumstances did the Association and Moss have a legal duty to protect Morgan from the criminal act of the third party?