COSTOS v. COCONUT ISLAND CORP.

No. 97-2076.

137 F.3d 46 (1998)

Patricia O'Boyle COSTOS, Plaintiff, Appellee, v. COCONUT ISLAND CORP., d/b/a The Bernard House and Neal L. Weinstein, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided March 2, 1998.


Attorney(s) appearing for the Case

Scott D. Gardner, Saco, ME, with whom Gardner, Gardner & Murphy, was on brief, for appellants.

Raymond C. Hurley, Portland, ME, with whom Hurley & Mina, was on brief, for appellee.

Before TORRUELLA, Chief Judge, BOUDIN and LYNCH, Circuit Judges.


LYNCH, Circuit Judge.

A jury found the defendants vicariously liable for the act—rape—committed by their employee Charles Bonney. Bonney, the manager of the Maine inn owned by defendants, let himself into the room of the plaintiff, a guest at the inn, in the early morning hours and raped her. The jury awarded plaintiff $50,000 on that count, and $5,000 on a negligence count.

Defendants say the issue of vicarious liability never should have gone...

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