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Anderson v. Malloy

United States Court of Appeals for the Eighth Circuit
700 F.2d 1208 (1983)


While Linda Anderson (plaintiff) was staying at a motel owned and operated by Malloy, et al. (defendants), a man forcibly entered her room and raped her. Anderson and her husband brought suit against the defendants for negligence, breach of express warranty to provide safe lodging, and fraudulent misrepresentation of the security of the motel. At trial, the plaintiffs sought to introduce evidence that the defendants had installed safety chains and peep holes on their motel doors after the incident. Malloy testified that he previously had discussed chains and peep holes with the police and the police had recommended that both measures would provide only a false sense of security because there were six-foot picture windows right next to the motel doors. The United States District Court for the Eastern District of Missouri refused to admit the evidence of the post-incident installations on the grounds of Rule 407 of the Federal Rules of Evidence. The jury found in favor of the defendants. The plaintiffs appealed.

Rule of Law


Holding and Reasoning (Lay, C.J.)

Concurrence/Dissent (Gibson, J.)

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