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McCarty v. Pheasant Run, Inc.

United States Court of Appeals for the Seventh Circuit
826 F.2d 1554 (1987)



While staying as a guest of the Pheasant Run Lodge (the Lodge) (defendant), Dula McCarty (plaintiff) was attacked and beaten by a man in a mask who had broken into her second-story room. McCarty was able to fight off the intruder, and the man fled. It was later determined that the intruder entered McCarty’s room through an unlocked sliding-glass door, which was accessible by stairs. McCarty filed suit in federal district court based on diversity of citizenship against the Lodge, alleging negligence. At trial, McCarty argued that the Lodge could have taken a number of additional safety precautions, but she failed to indicate whether the increased cost would not outweigh the benefit to guests staying at the Lodge. The jury found for the Lodge. The district court denied McCarty’s motion for a judgment notwithstanding the verdict. McCarty appealed.

Rule of Law


Holding and Reasoning (Posner, J.)

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