Mccarty v. Pheasant Run, Inc.

826 F.2d 1554 (7th Cir. 1987)

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Nature of the Case

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Facts

P, a 58 years old merchandise manager for Sears Roebuck, checked into D's large resort hotel on 160 acres. P was there to attend a Sears business meeting. In one wall of her second-floor room was a sliding glass door equipped with a lock and a safety chain. The door opens onto a walkway that has stairs leading to a lighted courtyard to which there is public access. The drapes were drawn and the door covered by them. P left the room for dinner and a meeting. When she returned, she undressed and got ready for bed. She was attacked when she came out of the bathroom by a man with a stocking mask. He beat and threatened to rape her. She fought him off, and he fled. He was not caught. P's physical injuries were not serious. P claims damages for prolonged emotional distress which, among other things, led her to take early retirement from Sears. The sliding glass door had been closed but not locked and had been pried open from the outside breaking the security chain. D got the jury verdict. D motioned for a judgment notwithstanding the jury's verdict. But, P had failed to move for a directed verdict on the issue of D's negligence, and that is a prerequisite to judgment n.o.v. Fed. R. Civ. P. 50(b). D appealed.