Allen v. Ramada Inn, Inc., No. 86CA1119

Docket NºNo. 86CA1119
Citation778 P.2d 291
Case DateFebruary 23, 1989
CourtCourt of Appeals of Colorado

Page 291

778 P.2d 291
Priscilla ALLEN, Plaintiff-Appellant,
v.
RAMADA INN, INC., a Delaware corporation, d/b/a Ramada Inn
South; R.A. Podmore; Eugene Lalli, M.D.; R.A.
Podmore, Inc.; Plantation Inn, Ltd.;
and Perl Mack Bowl, Inc.,
Defendants-Appellees.
No. 86CA1119.
Colorado Court of Appeals,
Div. II.
Feb. 23, 1989.
Rehearing Denied March 23, 1989.
Certiorari Denied Aug. 7, 1989.

Page 292

Morrison & Foerster, Frances A. Koncilja, Stanley A. Doten and Stewart McNab, Denver, for plaintiff-appellant.

Weller, Friedrich, Hickisch, Hazlitt & Ward, Geoffrey S. Race and Julia M. Duffy, Denver, for defendants-appellees.

MARQUEZ, Judge.

Plaintiff, Priscilla Allen, appeals the judgment entered on a jury verdict in favor of defendants. We reverse and remand for new trial.

After being raped by an intruder who had apparently entered a window opening on an alley next to her garden level motel room, plaintiff sued the motel, and various others, for actual and punitive damages based on negligence and negligent infliction of emotional distress. Bars, which had previously been installed in the windows of the motel room, had been removed before plaintiff became a guest at the motel. No warning was provided on the windows and the windows were not equipped with window stops to limit entry. The motel allegedly was located in a high crime area. By special verdict forms submitted to the jury by stipulation of the parties, the jury found that, while plaintiff had incurred injuries, the defendants were not negligent.

I.

Plaintiff contends that egregious juror misconduct, lying on voir dire, requires that she be given a new trial. We agree.

During voir dire, plaintiff's counsel advised the jurors that of major concern to her client was "how or what you've read or heard about or have thought about a rape." The jurors were then asked whether any of them had been the victim of a rape, or if they knew anyone who had been a victim of a rape. None of the jurors responded. After the jury returned its verdict, counsel for plaintiff learned that two of the jurors had not truthfully answered the question about being raped.

At the hearing on the motion for new trial, one juror testified that, during deliberations and in the presence of all jurors, two of the jurors stated that they had been the victims of a rape. One of the latter two jurors testified that she had been the victim of a rape and admitted that she and another juror had told other jurors of their experiences during their deliberations. The other juror also testified but admitted only to being the victim of an attempted rape.

In Colorado, contrary to plaintiff's assertion, untruthful answers on voir dire concerning material matters do not entitle a party to a new trial per se, and we decline to adopt such a rule here. Under some...

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9 practice notes
  • Gress v. Lakhani Hospitality, Inc., No. 1–17–0380
    • United States
    • United States Appellate Court of Illinois
    • 2 Mayo 2018
    ...assault/battery in hotel room); see also Kukla v. Syfus Leasing Corp. , 928 F.Supp. 1328 (S.D.N.Y. 1996) ; Allen v. Ramada Inn, Inc. , 778 P.2d 291 (Colo. App. 1989) ; Nebel v. Avichal Enterprises, Inc. , 704 F.Supp. 570 (D.N.J. 1989) ; Millman v. Howard Johnson's Co. , 533 So.2d 901 (Fla. ......
  • People v. Pena-Rodriguez, No. 11CA0034.
    • United States
    • Colorado Court of Appeals of Colorado
    • 8 Noviembre 2012
    ...were asked about this bias in voir dire). ¶ 15 Further, not all juror misrepresentations merit a new trial. Allen v. Ramada Inn, Inc., 778 P.2d 291, 292 (Colo.App.1989). If the misrepresentation was inadvertent, a defendant must show the juror's "actual bias" to obtain a new trial......
  • Groh v. Westin Operator, LLC, Court of Appeals No. 11CA0363
    • United States
    • Colorado Court of Appeals of Colorado
    • 28 Marzo 2013
    ...Duties ¶ 38 Innkeepers have a duty “to use reasonable care to protect its guests from third persons.” Allen v. Ramada Inn, Inc., 778 P.2d 291, 293 (Colo.App.1989) ; see also Restatement (Second) of Torts § 344 cmt. d (1965). According to the Westin, were it required to allow an evicted gues......
  • People ex rel. D.F.A.E., Court of Appeals No. 17CA0042
    • United States
    • Colorado Court of Appeals of Colorado
    • 11 Junio 2020
    ...based on a juror's post-trial disclosure. See, e.g. , English v. Berghuis , 900 F.3d 804 (6th Cir. 2018) ; Allen v. Ramada Inn, Inc. , 778 P.2d 291 (Colo. App. 1989) ; Borrelli , 624 P.2d 900 ; Rael , 40 Colo. App. 374, 578 P.2d 1067. Unlike each of these cases, Juror N did not respond untr......
  • Request a trial to view additional results
9 cases
  • Gress v. Lakhani Hospitality, Inc., No. 1–17–0380
    • United States
    • United States Appellate Court of Illinois
    • 2 Mayo 2018
    ...assault/battery in hotel room); see also Kukla v. Syfus Leasing Corp. , 928 F.Supp. 1328 (S.D.N.Y. 1996) ; Allen v. Ramada Inn, Inc. , 778 P.2d 291 (Colo. App. 1989) ; Nebel v. Avichal Enterprises, Inc. , 704 F.Supp. 570 (D.N.J. 1989) ; Millman v. Howard Johnson's Co. , 533 So.2d 901 (Fla. ......
  • People v. Pena-Rodriguez, No. 11CA0034.
    • United States
    • Colorado Court of Appeals of Colorado
    • 8 Noviembre 2012
    ...were asked about this bias in voir dire). ¶ 15 Further, not all juror misrepresentations merit a new trial. Allen v. Ramada Inn, Inc., 778 P.2d 291, 292 (Colo.App.1989). If the misrepresentation was inadvertent, a defendant must show the juror's "actual bias" to obtain a new trial......
  • Groh v. Westin Operator, LLC, Court of Appeals No. 11CA0363
    • United States
    • Colorado Court of Appeals of Colorado
    • 28 Marzo 2013
    ...Duties ¶ 38 Innkeepers have a duty “to use reasonable care to protect its guests from third persons.” Allen v. Ramada Inn, Inc., 778 P.2d 291, 293 (Colo.App.1989) ; see also Restatement (Second) of Torts § 344 cmt. d (1965). According to the Westin, were it required to allow an evicted gues......
  • People ex rel. D.F.A.E., Court of Appeals No. 17CA0042
    • United States
    • Colorado Court of Appeals of Colorado
    • 11 Junio 2020
    ...based on a juror's post-trial disclosure. See, e.g. , English v. Berghuis , 900 F.3d 804 (6th Cir. 2018) ; Allen v. Ramada Inn, Inc. , 778 P.2d 291 (Colo. App. 1989) ; Borrelli , 624 P.2d 900 ; Rael , 40 Colo. App. 374, 578 P.2d 1067. Unlike each of these cases, Juror N did not respond untr......
  • Request a trial to view additional results

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