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Keywords

plaintiffdefendantnegligenceappealwillcomparative negligence
plaintiffdefendantnegligenceappealwillcomparative negligence

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Wassell v. Adams, 865 F.2d 849

Facts

Susan Wassell, a guest at the Ron-Ric motel, was assaulted after she opened her door to a stranger who claimed to be looking for someone else. The motel, owned by Wilbur and Florena Adams, was located near a high-crime area, and while the owners occasionally warned female guests about the dangers of the neighborhood, they did not warn Susan. After the assault, Susan sued the Adamses for negligence, claiming they failed to take adequate precautions to protect her.

Susan Wassell, a guest at the Ron-Ric motel, was assaulted after she opened her door to a stranger who claimed to be looking for someone else. The motel, owned by Wilbur and Florena Adams, was located near a high-crime area, and while the owners occasionally warned female guests about the dangers of the neighborhood, they did not warn Susan.

Issue

Did the motel owners act negligently in failing to warn Susan Wassell about the dangers of the neighborhood and take adequate precautions to protect her from the assault?

Did the motel owners act negligently in failing to warn Susan Wassell about the dangers of the neighborhood and take adequate precautions to protect her from the assault?

Rule

Under Illinois law, a property owner has a duty to exercise a high degree of care to protect guests from foreseeable harm, and negligence can be apportioned between the plaintiff and defendant in comparative negligence cases.

Under Illinois law, a property owner has a duty to exercise a high degree of care to protect guests from foreseeable harm, and negligence can be apportioned between the plaintiff and defendant in comparative negligence cases.

Analysis

The court analyzed whether the Adamses' conduct constituted willful and wanton negligence. It concluded that no rational jury could find that the Adamses consciously disregarded a high probability of serious harm, as they had not been previously aware of any serious crimes occurring at the motel during their ownership. The jury's finding of 97% negligence on the part of Susan was upheld as not against the clear weight of the evidence.

The court analyzed whether the Adamses' conduct constituted willful and wanton negligence. It concluded that no rational jury could find that the Adamses consciously disregarded a high probability of serious harm, as they had not been previously aware of any serious crimes occurring at the motel during their ownership.

Conclusion

The Court of Appeals affirmed the district court's decision, concluding that the jury's apportionment of negligence was reasonable and that the motel owners were not willfully negligent.

The Court of Appeals affirmed the district court's decision, concluding that the jury's apportionment of negligence was reasonable and that the motel owners were not willfully negligent.

Who won?

The Adamses prevailed in the case because the jury found that Susan was primarily responsible for the assault, attributing only a small percentage of negligence to the motel owners.

The Adamses prevailed in the case because the jury found that Susan was primarily responsible for the assault, attributing only a small percentage of negligence to the motel owners.

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