Anderson v. Malloy

700 F.2d 1208 (8th Cir. 1983)

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Nature of the Case

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Facts

Ps were guests in a motel owned and operated by Ds. While Linda Anderson (P) was alone in the motel room, an unknown assailant forcibly entered the room and assaulted and raped her. Ps sued Ds alleging that Ds negligently failed to provide them with reasonably safe lodging, that Ds breached an express warranty to provide reasonably safe lodging, and that Ds fraudulently misrepresented the level of security provided to the motel's guests. At trial, the court refused to admit (1) the testimony of a woman who was raped at Ds' motel five months prior to the time D was raped, (2) evidence that an apartment complex adjoining Ds' motel was a 'breeding ground for crime,' (3) evidence of security measures taken by other hotels and motels in the area of Ds' motel, and (4) evidence that, after P was raped, Ds installed safety chains and 'peep holes' in the entrance doors of the motel rooms. Ds argued that they had done everything reasonably necessary to make their motel secure. Ds also affirmatively claimed that P's injuries were proximately caused by her own negligence in opening her door in a strange city to a person she did not know. D got the verdict, and P appealed.