From our private database of 30,900+ case briefs...
Kenny v. Southeastern Pennsylvania Transportation Authority
United States Court of Appeals for the Third Circuit
581 F.2d 351 (1978)
Clare Kenny (plaintiff) was attacked and raped at a train station operated by the Southeastern Pennsylvania Transportation Authority (SEPTA) (defendant). Kenny sued the SEPTA, arguing that it had failed to provide adequate protection at the station. Kenny argued that the platform’s lighting was deficient and that the one employee at the station had not paid sufficient attention to the conditions on the platform. At trial, a SEPTA employee testified that the station ensured adequate lighting by making daily checks and adjustments. As part of this process, the SEPTA had replaced four light bulbs on a nearby platform the night before the attack, replaced one light bulb near the tracks an hour after the attack, and installed three new light bulbs the next night. On cross-examination, the SEPTA employee also admitted that a new fluorescent fixture had been added to the platform four days after the attack. The SEPTA objected to the introduction of evidence about the new fixture, but the trial court ruled that the new-fixture evidence was admissible both to show that extra lighting was feasible and to impeach the SEPTA’s prior assertion that it was doing everything that it could to ensure sufficient lighting. The jury found that the SEPTA was liable to Kenny. The trial court overturned the jury verdict and entered judgment for the SEPTA. Both parties appealed. On appeal, the SEPTA argued that its installation of the new fixture was a subsequent remedial measure that should have been excluded.
Rule of Law
Holding and Reasoning (Weis, J.)
What to do next…
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 551,000 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
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 551,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 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.