[Download] "Virginia D. v. Madesco Investment Corp." by Supreme Court of New Hampshire * Book PDF Kindle ePub Free

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eBook details

• Title: Virginia D. v. Madesco Investment Corp.
• Author : Supreme Court of New Hampshire
• Release Date : January 29, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

The plaintiff complained that she had been assaulted and sexually molested by a male intruder in a ladies restroom of a motor hotel and that the defendant hotel operator was negligent in various respects. The petition alleged that the defendant knew, or in the exercise of due care should have known, of the possibility that an assailant might conceal himself in the restroom, and that it was therefore dangerous. The plaintiff had a nine-juror verdict for $100,000. The defendant moved for judgment in accordance with its motion for a directed verdict at the close of all the evidence but filed no motion for a new trial. The trial court sustained the motion for judgment, accompanying the order with a thorough opinion analyzing cases from Missouri and other jurisdictions. The Court of Appeals affirmed the judgment for the defendant by a two to one vote, with each member of the panel delivering an opinion, and we accepted transfer. We conclude that the plaintiff made a submissible case of negligence and that the trial court was in error in entering judgment for the defendant notwithstanding the verdict. Since the defendant, following the verdict, raised no point of trial error, of the form of submission, or as to the amount of the verdict, we reverse and remand with directions to reinstate the judgment for the plaintiff on the jurys verdict.

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