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Zittrain Torts Playlist Spring 2013

Dula McCarty, Plaintiff-Appellant, v. Pheasant Run, Inc., Defendant-Appellee.

Headnote

Does a plaintiff's lack of care elevate the care expected of the defendant? Plaintiff was a guest at defendant’s hotel. Plaintiff’s room had a sliding glass door equipped with a lock and safety chain. An intruder forced his way past the chained door—which was closed but not locked—and threatened to rape the plaintiff before she fought him off. During trial, plaintiff did not prove the existence of cost-effective safety measures that the hotel could have implemented to avert the incident.