Anderson v. Malloy
United States Court of Appeals for the Eighth Circuit
700 F.2d 1208 (1983)
- Written by Sean Carroll, JD
Facts
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
Issue
Holding and Reasoning (Lay, C.J.)
Concurrence/Dissent (Gibson, J.)
What to do next…
Here's why 790,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
