Anicich v. Home Depot U.S.A., Inc.

852 F.3d 643 (2017)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Anicich v. Home Depot U.S.A., Inc.

United States Court of Appeals for the Seventh Circuit
852 F.3d 643 (2017)

Facts

Brian Cooper was jointly employed in Illinois as a regional manager by Home Depot U.S.A., Inc., and the companies that supervised Home Depot’s garden centers, Grand Services, LLC, and Grand Flower Growers, Inc. (collectively, the employers) (defendants). As a manager, Cooper had a pattern of being abusive to female subordinates. In the case of Alisha Bromfield, Cooper referred to Alisha as his girlfriend, screamed curses at her, threw things, and refused to allow Alisha lunch breaks if she was having lunch with a male companion. Cooper contacted Alisha after work via texts and phone calls and insisted that she attend work trips alone with him. Alisha complained to various supervisors repeatedly, to no avail. Alisha endured Cooper’s sexual harassment for five years. Finally, after Alisha refused to accompany Cooper to his sister’s wedding in Wisconsin, he threatened to terminate Alisha’s employment or give her fewer hours. Alisha went with Cooper. After the wedding, Cooper killed Alisha by strangulation and raped her after she died. Alisha was in her seventh month of pregnancy at the time. Alisha’s mother, Sherry Anicich (plaintiff), filed suit for negligence against the employers on behalf of Alisha and her unborn child. The employers filed a motion for dismissal for failure to state a claim, which a federal district court granted, finding that the employers had no duty to restrain Cooper’s behavior and that his violence toward Alisha was not foreseeable. Anicich appealed.

Rule of Law

Issue

Holding and Reasoning (Hamilton, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership