Anderson v. Mandalay Corp.

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Cristie Anderson and her husband (together, Plaintiffs) sued Mandalay Bay Resort and Casino (Mandalay) after Alonzo Gonzalez, a Mandalay employee, raped Anderson in her hotel room at Mandalay. Plaintiffs asserted claims for negligent hiring, vicarious liability, and loss of consortium but later abandoned all claims except the vicarious liability claim. The district court granted summary judgment for Mandalay, concluding that it was not reasonably foreseeable that Gonzalez would rape Anderson. The district court also denied, as futile, Anderson’s motion to amend her complaint to add direct negligence claims against Mandalay. The Supreme Court reversed, holding (1) under the circumstances of this case, a reasonable jury could find that Gonzalez’s criminal conduct was reasonably foreseeable; and (2) direct negligence claims against Mandalay would not be futile because a reasonable jury might find that the criminal conduct was foreseeable. Remanded. View "Anderson v. Mandalay Corp." on Justia Law