Perez v. City of Roseville, as described in:
From Passing the Bar: Poems to Learn the Law By, by John Crouch
Negligence — The Offhand Formula
McCarty v. Pheasant Run, Inc.
826 F.2d 1554 (U.S. 7th Circuit 1987)
Held, by the Foremost Jurist of his Time, and an Admirer of Rustic Scenery, that if a Lodging-House have a Secret Door, affording Convenient Ingress to Sundry Villains, then So Be It; inasmuch as Caveat Emptor, Mercatum Non Potest Peccare, etc.
One evening a conventioneer checked into her hotel room,
not wanting any view, she said, just a quiet place-to-dwell room.
She didn’t open her curtain, though it was six o’clock,
and she assumed it cloaked a window — not a door, which was unlocked!
Through which an intruder entered, beat her and threatened rape.
She fought him off successfully, but he made good his escape.
He took her purse, and left her bruised and emotionally distressed,
for which she sued the inn, which had afforded her no rest.
When you check into a resort hotel, you go inspect the view.
At least I know that’s the first thing that all reasonable people do.
I’m not too busy to do that, so I’d like to know who is.
I guess my meager résumé would sure be dwarfed by his.
If this Philistine had moved the curtain, she would have seen the door,
affording access to a walkway, for that’s what it was for.
And reasonably, when she went to bed, she’d make sure and lock it.
So why should the cost of her negligence be paid from Defendant’s pocket?
Must the maids or clerks make sure it’s locked each time someone checks out,
just to safeguard the virginity of one thoughtless layabout?
Must they pay someone to do this, when each reasonable guest
will repeat their labor, anyhow, when laying down to rest?
It would not be economical. Thus the costs it would prevent
must be shouldered by the victim of this improbable event.
This case shows the dangers involved when a judge merely uses his own experience and tastes as the measure of “reasonableness,” in contrast to the Carroll Towing case, which is based on a review of numerous cases imposing various requirements in similar situations, and also looking at custom and usage in the industry. But in Judge Posner’s defence it may be pointed out that it was originally the jury, not a judge, who decided that it would not be reasonable to require hotels to make sure that such doors are locked.
A study of federal judges finds that they don’t just rely on facts and legal precedents when making decisions
Here's how things stand after House and Senate Committees met on Jan. 18, in this order:
- Approved by committee.
- Approved by subcommittee.
- Not yet acted on by any committee or subcommittee.
- Killed. by any of several methods: Defeated, recommended not reporting, recommended tabling, carried over to next year, passed by indefinitely.
Approved and Reported by Committee:
- Firearms training for abuse victims [Committee approved unanimously, referred to finance committee]
- Anyone protected by a protective order may carry a concealed weapon without a permit for 45 days. [Committee approved, 12 to 3]
- Giving a minor a dirk, switchblade or bowie knife is OK if between family members or for a sporting event or activity. [Committee approved, 12 to 3]
- Female circumcision/genital mutilation of minors: 20 years to life for doing it or for parent allowing it; fine up to $100,000; victim can sue. [Courts committee approved unanimously with substitute text; then referred to Finance Committee]
- Home studies must conform to a standard "template"
- Create Kinship Guardianship Assistance Program [Committee approved, referred to finance committee]
- Uniform Trust Decanting Act, on moving assets from one trust into a second trust. [Committee approved unanimously]
- Uniform Fiduciary Access to Digital Assets Act (Senate) [Committee approved unanimously]
Approved and Reported by Subcommittee:
- Change the word "visitation" to "parenting time", except in abuse or neglect cases. [subcommittee approved unanimously with amendments]
- Tenancy by Entireties: Severing requires deed signed by both parties. This would be a huge change in how deeds are currently signed in divorces, and sounds like it would invalidate one-signature "Quitclaim" deeds signed before a divorce is final. [Subcommittee amended/approved]
- Demurrers: If sustained, amended pleading must incorporate or refer to earlier pleading [Subcommittee approved]
- Service by publication electronically instead of in newspaper [Subcommittee amended/approved]
- Let child support be paid to a special needs trust or ABLE account. [subcommittee approved unanimously]
- Give fiduciaries (including executors, guardians, or power-of-attorney holders) control over "digital property" -- such as files, domains, bitcoin -- but not necessarily personal communications/social media unless the owner has specified that in the document giving the fiduciary authority. Replaces the 2015 Privacy Expectation Afterlife and Choices Act with the Uniform Fiduciary Access to Digital Assets Act. [subcommittee approved unanimously]
- Let certain charities and law firms be trustees of "self-settled spendthrift trusts" [subcommittee approved unanimously with amendment]
- Let exes bring post-divorce litigation back to the divorce court even if it had "remanded" jurisdiction to juvenile court. [subcommittee approved unanimously]
- Make it easier for social services to remove children from home without making previous efforts to remedy conditions
- Make more of minimum wage-earners' earnings garnishment-proof (but apparently only a technical correction to make one statute and court forms match another statute). [subcommittee approved unanimously]
- Reduce probate fees [subcommittee approved unanimously]
- Clarify that a surviving spouse can claim an elective share and a homestead allowance. [House subcommittee approved unanimously]
Not yet acted on by any committee or subcommittee:
- Ensure that clergy and religious institutions aren't required to celebrate marriages they disapprove of.[House version]
- Ensure that clergy and religious institutions aren't required to celebrate marriages they disapprove of.[Senate version]
- Remove overturned same-sex marriage ban from state constitution [House version]
- Remove overturned same-sex marriage ban from state constitution [Senator Ebbin's version]
- Remove overturned same-sex marriage ban from state constitution [Senator Locke's version]
- Let all government employees working overseas keep their Virginia residency and ability to get a Virginia divorce; not just servicemembers and foreign service officers.
- Computer trespass definition expanded
- Let courts make alimony payors maintain life insurance for payees
- End alimony at retirement, with a very few exceptions.
- Combat-related military disability benefits are not income when calculating spousal support.
- Have estates pay child support arrears before paying local taxes, other debts, other claims
- Can't suspend driver's license for not paying support without a hearing & finding of ability to pay
- Child meeting with judge in custody case: Changes rules on parents or lawyers being present, transcribing the conversation, transcript availability to parents or lawyers.
- Crack down on "zero tolerance" suspensions; allow suspension only for certain dangerous offenses listed in statute
- CPS/DSS activities involving servicemembers' children must be reported to military Family Advocacy representatives (House)
- CPS/DSS activities involving servicemembers' children must be reported to military Family Advocacy representatives (Senate)
- CPS must investigate all abuse/neglect reports/complaints about a child one year old or less.
- Adoption assistance for special needs kids: standards changed in several ways
- Putative Father Registry renamed "Birth Father Registry", notice and registration rules changed
- Foster parents must secure all firearms in the home
- Prior permission of parent/grandparent/guardian required for minors to possess assault weapons or handguns in certain circumstances
- Guardians ad litem in custody/visitation/parenting time cases must file certificate of compliance with GAL standards
- Make it harder to restrict custody or visitation due to parent's blindness [Senate version]
- Person with a legitimate interest may be awarded visitation
- Have all custody orders sent to the children's schools.
- Require courts in custody or visitation cases to also consider any history of abuse of non-family members
- Make all juvenile court judges take training on non-parents' custody/visitation standing "rights"
- Make all ex parte protective orders state the allegations they are based on, including in-court testimony as well as affidavits. (Ex parte means the defendant isn't at the hearing and gets no notification)
- Let wills be made and witnessed electronically.
- Criminal financial exploitation or physical abuse/neglect of people incapacitated mentally, physically, or by age.
- Adult exploitation: Broader and more detailed definitions for social services laws
- Suspected adult exploitation cases must be immediately reported to local police and in some cases, state police
- Adult abuse/neglect/exploitation statistics to be kept & reported
- Clarify that a surviving spouse can claim an elective share and a homestead allowance. [Senate]
- Clarify that witness and document subpoenas can be enforceably served on Va. registered agents of out-of-state businesses, even if they are not parties in a case. [Killed]
- Make it harder to restrict custody or visitation due to parent's blindness [House Version Tabled]
- Judgment lien for spouse's medical care can't be enforced against tenants-by-entireties property unless the judgment was awarded against both spouses
- Class 1 misdemeanor to knowingly let child under 5 use or handle a firearm.[Killed, 6 to 7]
- Repeal the already-overturned ban on same-sex marriages and civil unions from state statutes [Killed with explanatory letter by large majority, including leading liberals, in Courts Committee, 10-2]
- Require guardians ad litem to be appointed for any incapacitated party in a civil case. Current law only requires it for defendants. Bill would expand this to plaintiffs -- including divorce plaintiffs. But if the party has a lawyer, GAL appointment is not required, though it is still possible. [subcommittee disapproved]
- Cap fees of court-appointed lawyers under Servicemembers Civil Relief Act at $125.00. Not per hour; per case! [subcommittee disapproved]
- Have district court substitute judges appointed by the court's chief judge, not by the circuit courts. [subcommittee recommends tabling]
- No standing or procedural rights as a parent for anyone who conceived the child by sex prohibited under three different statutes: (1) rape (which also includes any sex with a child under 13 who is considered the "victim" or "complaining witness"), (2) incest (but only with one's child or grandchild), or (3) "carnal knowledge" (sex or any of several other sexual acts with anyone under 15, regardless of one's own age); criminal conviction not required if facts found under a "clear and convincing evidence" standard. Can't petition for anything, needn't be named as a party to child-related cases, nor asked for consent.
<<According to the Tribune, Sacks “has long had a reputation for delivering strongly worded rebukes from the bench.” He was reassigned for four months to domestic relations court in 2004 for what the Tribune describes as his “profanity-punctuated lecture” during a sentencing hearing.>>