Assignment I- Case Brief: McCarty v. Pheasant Run , Inc.
Assignment I- Case Brief: McCarty v. Pheasant Run , Inc.
Prof Lindsey Appiah
Tort Law
October 28, 2012
Summary of Case
Mrs. Dula McCarty brought suit against Pheasant Run Inc. for negligence. In 1981, Mrs. McCarty was attacked by a man in her hotel room, beaten and threatened of rape. Mrs. McCarty ultimately fought off her attacker and he fled. The attacker was never identified nor brought to justice. Although Mrs. McCarty did not sustain serious physical injuries, she claimed the incident caused prolonged emotional distress which led to an early retirement. An investigation revealed that a sliding glass door, which was concealed behind curtains, was manipulated and enabled the attacker to gain entry into her hotel room. Mrs. McCarty made multiple claims of negligence against Pheasant Run Inc., including that they should have had better locking devices on the sliding door; more security personnel; the walkway to her sliding door inaccessible from the ground level; better over all procedures for dealing with non guests; posting signs telling guests to keep their doors locked at all times.
Ultimately, the court did not see it Mrs. McCarty’s way. McCarty argued the judge should have granted her motion for judgment notwithstanding the jury’s verdict for the defendant. McCarty did not request the directed verdict on the issue of Pheasant Runs negligence which is a prerequisite to judgment n.o.v. Many accidents are neither the injurer nor the victims fault and therefore there is no liability. The judge advised Mrs. McCarty that the case was not as one sided as she believed it to be. Additionally, following a jury’s verdict, a judge cannot substitute its judgment when the judgment was reasonable (2). Mrs. McCarty did a poor job in proving that Pheasant Run could have prevented her attack with her advised precautions. Mrs. McCarty did not provide information of what it would cost Pheasant Run to equip the hotel rooms with improved locking systems
Prof Lindsey Appiah
Tort Law
October 28, 2012
Summary of Case
Mrs. Dula McCarty brought suit against Pheasant Run Inc. for negligence. In 1981, Mrs. McCarty was attacked by a man in her hotel room, beaten and threatened of rape. Mrs. McCarty ultimately fought off her attacker and he fled. The attacker was never identified nor brought to justice. Although Mrs. McCarty did not sustain serious physical injuries, she claimed the incident caused prolonged emotional distress which led to an early retirement. An investigation revealed that a sliding glass door, which was concealed behind curtains, was manipulated and enabled the attacker to gain entry into her hotel room. Mrs. McCarty made multiple claims of negligence against Pheasant Run Inc., including that they should have had better locking devices on the sliding door; more security personnel; the walkway to her sliding door inaccessible from the ground level; better over all procedures for dealing with non guests; posting signs telling guests to keep their doors locked at all times.
Ultimately, the court did not see it Mrs. McCarty’s way. McCarty argued the judge should have granted her motion for judgment notwithstanding the jury’s verdict for the defendant. McCarty did not request the directed verdict on the issue of Pheasant Runs negligence which is a prerequisite to judgment n.o.v. Many accidents are neither the injurer nor the victims fault and therefore there is no liability. The judge advised Mrs. McCarty that the case was not as one sided as she believed it to be. Additionally, following a jury’s verdict, a judge cannot substitute its judgment when the judgment was reasonable (2). Mrs. McCarty did a poor job in proving that Pheasant Run could have prevented her attack with her advised precautions. Mrs. McCarty did not provide information of what it would cost Pheasant Run to equip the hotel rooms with improved locking systems
Cited: 1-Best/Barnes. (2010). Basic Tort Law, Third Edition. New York, NY: Aspen Publishers. 2-McCarty vs. Pheasant Run Inc., 826 F.2d 1554 (1987)- http://bulk.resource.org/courts.gov/c/F2/826/826.f2d.1554.86-2135.html 3-Schubert, F. A. (2012). Introduction to law and the legal system. Mason, Ohio: Cengage Learning.