Burnett v. Stagner Hotel Courts, Inc.

• Decision Date: 19 March 1993
• Docket Number: Civ. No. 1:91-cv-2595-JEC.
• Citation: 821 F. Supp. 678
• Parties: William F. BURNETT, Hettie B. Burnett, and Patricia Lynn Burnett, Plaintiffs, v. STAGNER HOTEL COURTS, INC. d/b/a Holiday Inn Northwest, Defendant.
• Court: U.S. District Court — Northern District of Georgia

821 F. Supp. 678

William F. BURNETT, Hettie B. Burnett, and Patricia Lynn Burnett, Plaintiffs, v. STAGNER HOTEL COURTS, INC. d/b/a Holiday Inn Northwest, Defendant.

Civ. No. 1:91-cv-2595-JEC.

United States District Court, N.D. Georgia, Atlanta Division.

March 19, 1993.

COPYRIGHT MATERIAL OMITTED

Michael K. Mixon, Middleton & Mixon, Savannah, GA, Clinton W. Sitton, Lynda G. Wilson, Middleton & Anderson, Atlanta, GA, Richard T. Phillips, Smith, Phillips, & Mitchell, Batesville, MS, for plaintiffs.

Kent Taylor Stair, Robert Walker Browning, Webb, Carlock, Copeland, Semler & Stair, Atlanta, GA, for defendant.

ORDER

CARNES, District Judge.

This case is presently before the Court on Defendant's Motion to Quash Subpoena 19, Defendant's Motion for Summary Judgment 24, and Defendant's Motion to Strike 38. The Court has reviewed the record and the arguments of the parties and, for the reasons set out below, concludes that the motion for summary judgment should be granted.

BACKGROUND

Plaintiffs, William F. Burnett, Hettie B. Burnett, and their adult daughter Patricia Lynn Burnett, are residents of Batesville, Mississippi. (Compl. ¶ 1). Plaintiffs traveled to Atlanta, Georgia on June 8, 1990. Plaintiffs checked into the Days Inn motel on Cleveland Avenue and I-75, but subsequently checked out of the motel because they felt unsafe. (Br. in Opp'n to Mot. for Summ.J. at 1). Plaintiffs then drove to the intersection of I-75 and Howell Mill Road and decided to stay at Defendant's hotel, the Holiday Inn Northwest. (Id. at 1-2). Lynn Burnett checked the family into the hotel shortly after midnight and the family drove to what they thought was the nearest available parking location to their room, parking at the back corner of the premises. (Id. at 2). Plaintiffs carried their luggage across the parking lot, up the stairs, and down a hallway to their room. (Id.). Plaintiffs entered the room, leaving the luggage outside the door and the door slightly open. (Id.). As Mr. Burnett was returning to the door to retrieve the luggage, three armed men pushed the door open and knocked Mr. Burnett to the floor. (Id.). The armed individuals proceeded to rob Plaintiffs of their belongings, including their luggage, Mr. Burnett's wallet, and Mrs. Burnett's purse. (Id.).

Plaintiffs brought this action against Defendant, alleging (1) negligence (i.e., failure to provide adequate security and failure to warn of a dangerous condition on the premises), (Compl. ¶¶ 10-13), (2) breach of contract, (Id. ¶¶ 14-17), and (3) the loss of consortium Mr. and Mrs. Burnett have experienced since the incident, (Id. ¶¶ 18-23). Defendant has moved for summary judgment on all claims.

DISCUSSION

A. The Summary Judgment Standard

Summary judgment is appropriate when the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." FED.R.CIV.P. 56(c). A fact's materiality is determined by the controlling substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). An issue is genuine when the evidence is such that a reasonable jury could return a verdict for the nonmovant. Id. at 249-50, 106 S.Ct. at 2510-11.

Summary judgment is not properly viewed as a device that the trial court may, in its discretion, implement in lieu of a trial on the merits. Instead, Rule 56 of the Federal Rules of Civil Procedure mandates the entry of summary judgment against a party who fails to make a showing sufficient to establish the existence of every element essential to that party's case on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). In such a situation, there can be no genuine issue as to any material fact, as a complete failure of proof concerning an essential element of the non-moving party's case necessarily renders all other facts immaterial. Id. at 322-23, 106 S.Ct. at 2552.

The movant bears the initial responsibility of asserting the basis for his motion. Id. at 323, 106 S.Ct. at 2552. However, the movant is not required to negate his opponent's claim. The movant may discharge his burden by merely "`showing'— that is, pointing out to the district court— that there is an absence of evidence to support the non-moving party's case." Id. at 325, 106 S.Ct. at 2554. After the movant has carried his burden, the non-moving party is then required to "go beyond the pleading" and present competent designating "specific facts showing that there is a genuine issue for trial." Id. at 324, 106 S.Ct. at 2553. While the court is to view all evidence and factual inferences in a light most favorable to the non-moving party, Samples v. City of Atlanta, 846 F.2d 1328, 1330 (11th Cir.1988), "the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson, 477 U.S. at 247-48, 106 S.Ct. at 2510 (1986).

B. Plaintiff's Breach of Contract Claim

Plaintiffs allege that Defendant breached its contract with Plaintiffs by providing unsafe accommodations and failing to take reasonable security precautions. (Compl. ¶¶ 15, 16). Plaintiffs do not explicitly state in their Complaint how a contract between the parties came into existence. In their Response to the Motion for Summary Judgment, however, Plaintiffs indicate that an implied contract to provide safe lodging arose when Defendant accepted Plaintiffs' money. (Br. in Opp'n to Def.'s Mot. for Summ.J. at 21). Plaintiffs cite no authority for this proposition.

In similar factual situations, the Georgia courts have observed that "the concept of a contract requires that the minds of the parties shall meet and accord at the same time, upon the same subject matter, and in the same sense. In the absence of this meeting of the minds, there is no special contractual provision between the alleged contracting parties." Donaldson v. Olympic Health Spa, Inc., 175 Ga.App. 258, 259, 333 S.E.2d 98 (1985); see also Savannah College of Art & Design, Inc. v. Roe, 261 Ga. 764, 409 S.E.2d 848 (1991). In the absence of a plain and explicit expression of willingness to protect another from the criminal acts of third parties, Georgia courts have refused to imply such a contractual obligation even when there has been a written agreement between the parties that made some security provisions. See Savannah College, 261 Ga. at 765, 409 S.E.2d 848; Donaldson, 175 Ga.App. at 259, 333 S.E.2d 98. In the present case, Plaintiffs have produced no evidence of a written or oral agreement to provide security. Accordingly, the Court concludes that Plaintiffs have failed to make a showing sufficient to establish the existence of an element essential to their breach of contract claim (the existence of a contract) on which they will bear the burden of proof at trial. As a result, summary judgment is appropriate as to this claim.

C. Plaintiff's Negligence Claim

To prove negligence, Plaintiffs must establish the four standard elements of a negligence claim (duty, breach, causation, and injury). Lau's Corp. v. Haskins, 261 Ga. 491, 492, 405 S.E.2d 474 (1991). Defendant asserts that Plaintiffs have not established any of the four elements.

1. Duty

Under Georgia law, an innkeeper has a duty to keep his premises in a "reasonably safe condition" and is liable to any person injured by breach of this duty.¹ As a general rule, however, an innkeeper, even if negligent, is not liable for injury proximately caused by the criminal actions of third parties. Savannah College, 261 Ga. at 765, 409 S.E.2d 848. An exception to the general rule exists, however, when the host has reasonable grounds to believe that a particular criminal act is likely to occur. Id. When an innkeeper is aware of such an unreasonable risk of criminal attack, he has a duty to exercise ordinary care to protect his patrons against the risk of the particular type of criminal attack. Id. n. 2.

In an action to recover for injuries inflicted by criminal acts of third parties, the plaintiff has the burden of proving that the host was placed on notice of the danger by prior substantially similar incidents. Donaldson, 175 Ga.App. at 261, 333 S.E.2d 98; McCoy v. Gay, 165 Ga.App. 590, 591, 302 S.E.2d 130 (1983). Absent such proof, the exception to the general rule does not apply and the host is not liable for injuries caused by criminal acts. Savannah College, 261 Ga. at 765, 409 S.E.2d 848.

Plaintiffs allege that Defendant had a duty to both warn them of the high incidence of crime on the premises and provide adequate security. (Compl. ¶ 11). As an initial matter, the part of Plaintiffs' claim alleging a failure to warn fails as a matter of law, as the Georgia Supreme Court has held that there is no duty under Georgia law to warn of a high generalized risk of crime. Lau's Corp., 261 Ga. at 493, 405 S.E.2d 474. Moreover, the heightened duty to provide security against the criminal acts of third parties arose only if Defendant was placed on notice of the danger by prior substantially similar incidents. Accordingly, the threshold question is whether Plaintiffs have shown that Defendant had a duty to protect them from the type of criminal act that occurred (i.e., whether they have shown that Defendant was placed on notice by prior substantially similar crimes). If not, Defendant is entitled to judgment as a matter of law. If Plaintiffs have made such a showing, the Court must then proceed to determine whether Defendant breached its duty by failing to take reasonable steps to protect against injury and, if not, whether this breach caused Plaintiffs' injuries.

Plaintiffs attempt to meet their burden of showing prior substantially similar...