ANZALDO v. CROES

No. 72-1448.

478 F.2d 446 (1973)

Sebastian A. ANZALDO, guardian for Gia Anzaldo, a minor, Plaintiff-Appellee, v. S. W. CROES, d/b/a Modern City Motel, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 1, 1973.


Attorney(s) appearing for the Case

Gene R. Bushnell, Rapid City, S. D., for defendant-appellant.

Curtis D. Ireland, Rapid City, S. D., for plaintiff-appellee.

Before HEANEY and ROSS, Circuit Judges, and BENSON, District Judge.


BENSON, District Judge.

This is a diversity negligence action in which the jury returned a $55,000.00 verdict for Gia Anzaldo, a minor. Appellant Croes appeals from the judgment and the order which denied his motion for judgment notwithstanding the verdict, or in the alternative for a new trial.

The Anzaldo family had checked into the Modern City Motel, owned by Croes, and were given a second story room which included an outside balcony. The balcony was entirely...

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