MORGANTOWN — A civil suit filed last week in Monongalia County Circuit Court makes claims of wrongful death and negligence against West Virginia University Board of Governors (WVU BOG) and Texas-based property management company American Campus Communities (ACC), in regard to the shooting death of a WVU student at College Park Apartments in February 2020.
According to the complaint, the residential property is owned and controlled by WVU BOG and operated, managed and maintained by ACC.
The plaintiff, Christina Mohrmann — represented locally by Andrew Meek of Hamstead Williams & Shook and Philadelphia-based firm Messa and Associates — is the estate administrator of Eric Smith, a WVU student who was gunned down by two men at the Newton Avenue student apartment complex on Feb. 28, 2020.
Terrell Linear and Shaundarius Reeder were found guilty for the murder and sentenced to life in prison.
Mohrmann’s lawsuit alleges the two gunmen, who were not students at WVU, were able to freely enter building 21 of the College Park apartment complex — which has a lock system on common entryways and lobbies to prevent nonresidents from entering.
The defendants had control over the lock system and could have locked lobby and stairwell doors, the complaint says, but negligently, carelessly and recklessly failed to lock the doors that would have prevented Linear and Reeder, who were not residents, from entering the building the evening of the shooting.
The complaint also states it was a common occurrence for those without permission, including the homeless, to occupy building 21 and despite the defendant’s knowledge of these occurrences, they failed to take any appropriate action to remedy the dangerous condition and failed to have proper security in place and monitor security cameras to prevent nonresident entry to the building.
The lawsuit claims that due to these failures, the two men were able to open unlocked doors and enter the building, where they fired multiple shots into an apartment. As a result, Smith was shot and suffered severe physical, neurological, and psychological injuries before his ultimate death.
“Had the defendants exercised reasonable care to discover that such dangerous conduct was happening at College Park, or was likely to happen, had adequate security measures in place, and taken steps to provide adequate warnings and protect their guests, Eric Smith would still be alive,” the plaintiff claims.
According to the lawsuit, Mohrmann is seeking compensatory damages, pre-judgment and post-judgment interest, her costs and attorney fees, punitive damages, and any other relief the court deems just and appropriate.
The plaintiff is also seeking additional damages for Smith’s physical and mental pain, suffering, inconvenience, and the loss of life’s pleasures that he endured prior to his death, and all other recoverable damages under the Survival Act.
Officials from both WVU and ACC said they are unable to comment on pending or active litigation or the allegations presented in the civil suit.
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