Professional Documents
Culture Documents
Case Brief
Lakeland College
January 21, 2015
Brown, BA 770
Margreiter v. New Hotel
Title: Margreiter v. New Hotel Monteleone, Inc.
I.
Citation
United States Court of Appeals, Fifth Circuit. 640 F.2d 508
II.
III.
Brown, BA 770
Margreiter v. New Hotel
Did the Monteleone Hotel take the necessary steps in order to prevent certain crimes in
light of the relevant facts and circumstances that surrounded that particular incident
(recent burglary)?
Should the hotel be held liable for the injuries that were sustained by the plaintiff off of
property grounds?
Did the Monteleone Hotel fail to install the proper locks on the windows and doors,
provide adequate lighting in the parking areas, or take the adequate measures to ensure
IV.
The Court of Appeals, Reavley, Circuit Judge, held that: (1) the evidence supported finding that
the Monteleone Hotel was negligent in failing to exercise reasonable care to protect the plaintiff
against injury by a third party and that such was the proximate cause of his injuries, and (2) the
injuries sustained support an award of $400,000.
V.
Reasoning (Rationale)
The foundation for the hotels liability is the care that it owed to a guest in order to
protect him against injury by their persons. The finding of the jury stated that the hotel
was negligent in failing to exercise reasonable care in order to protect the plaintiff against
to protect Margreiter.
There was no evidence that a midnight frolic was the practice or disposition of the
plaintiff. Margreiters two acquaintances testified and supported his activities and plans
of the evening.
Brown, BA 770
Margreiter v. New Hotel
The judge was unable to say that reasonable jurors could not arrive at the particular
verdict; consequently, the judge must uphold the decision and the action of the trial court
in refusing motions for directed verdict and for judgment notwithstanding the verdict. See
VI.
In Louisiana, you must prove that the person whom caused your injury was negligent.
That is, he didnt use reasonable care. In Louisiana, you must prove:
o That the person who caused your injury owed you a duty
o That the other person broke or breached that duty
o That you suffered damages
o That the other persons failure cause your injury
Separate Opinions
Brown, BA 770
Margreiter v. New Hotel
the plaintiffs permanent and total disability. It is indeed surprising to find in plaintiffs papers on
this motion a suggestion that the jury could have justifiably reached such a conclusion. The
impact of the plaintiffs own evidence was that he could and should return to work and was quite
capable of doing so. A finding of total and permanent disability would be inconsistent with such
evidence. It is this courts considered opinion that the maximum award which the evidence with
support is the sum of $400,000. See Gorsalitz v. Olin Mathieson Chemical Corp., 429 F.2d
1033, 1047 (5th Cir. 1970), adopting Glazer V. Glazer, 278 F.Supp. 476, 478-82 (E.D.La.1968).
COLEMAN, Chief Judge, and CHARLES CLARK and REAVLEY, Circuit Judge: We do not
regard the amount of the judgment as excessive. Mr. Margreiter makes no complaint of the trail
judges action in requiring remittitur of $350,000 from the jurys award of $750,000. See Miles v.
Vicksburg Chemical Company, 588 F.2d 512 (5th Cir. 1979); Bonura v. Sea Land Service, Inc.,
505 F.2d 665 (5th Cir. 1974).
VII.
Analysis
Following the Margreiter v. New Hotel case, effective, January 1, 1982, New York
legislature added the following to section 204 of the New York General Business Law
(governing hotel registration records): 204-a. Safety chain latches required. Every
person, firm or corporation engaged in the business of furnishing public lodging
accommodations in hotels, motels or motor courts shall install and maintain, on the inside
of each entrance door to every rental unit for which there is a duplicate or master key
which would afford entry to said unit by one another than the occupant, a safety chain
latch. This case had a massive impact on the laws that owners had to abide by to keep
Brown, BA 770
Margreiter v. New Hotel
Mitchell v. Pearson Enterprises or in Indiana, in the case of Trask-Morton v. Motel 6
Operating LP. Mr. Margreiters case was not used to try and win these two specific cases,
References
Hotel Liability. Encyclopedia of Everyday Law. Ed. Shirelle Phelps. Gale Cengage, 2003.
eNotes.com. 21 Jan, 2015 http://www.enotes.com/travel-reference/.
How to Brief a Case. (1999) Lloyd Stealy Library: ohn Jay College of Criminal Justice.
http://www.lib.jjay.cuny.edu/research/brief/html
Lawyers.com (2011). Personal Injury in Louisiana (LA). Retrieved January 22, 2015 from
http://research.lawyers.com/Louisiana/Personal-Injury-in-Louisiana.html.
Brown, BA 770
Margreiter v. New Hotel
Makdisi, M. & Makdisi, J. (2009). How to write a case brief for law school. Retrieved 01 22,
2015, from LexisNexis: http://www.lexisnexis.com/en-us/lawschool/pre-law/how-tobrief-a-case.page
Margreiter v. New Hotel Monteleone, 509 F. Supp. 264 - Dist. Court, ED Louisiana 1979
Margreiter v. New Hotel Monteleone, Inc., 640 F. 2d 508 - Court of Appeals, 5th Circuit 1981
Sherry, John E. H. The laws of innkeepers: for hotels, motels, restaurants, and clubs. Cornell
University Press, 1993. 409.