Groh v. Westin Operator, LLC
Decision Date | 28 March 2013 |
Docket Number | Court of Appeals No. 11CA0363 |
Citation | 2013 COA 39,352 P.3d 472 |
Parties | Jillian GROH, individually and by and through her guardians and conservators, William and Janelle Groh, Plaintiff–Appellant, v. WESTIN OPERATOR, LLC, Defendant–Appellee. |
Court | Colorado Court of Appeals |
The Law Offices of Alan C. Shafner, Alan C. Shafner, Greenwood Village, Colorado, for Plaintiff–Appellant.
The Waltz Law Firm, Richard A. Waltz, John D. Halepaska, Denver, Colorado, for Defendant–Appellee.
¶ 1 This personal injury action presents an issue of first impression in Colorado: whether a hotel's duty of care to a guest requires that, in lawfully evicting the guest, the hotel act reasonably. We conclude that a hotel must evict a guest in a reasonable manner, which precludes ejecting a guest into foreseeably dangerous circumstances resulting from either the guest's condition or the environment.
We further conclude that here a reasonable jury could find a breach of this duty on the present record. Therefore, we reverse the summary judgment against plaintiff, Jillian Groh, and in favor of defendant, Westin Operator, LLC (the Westin), in part, and remand for further proceedings, limited to her negligence claim based on the eviction.
¶ 2 Groh planned to spend the night of March 3, 2007, with friends visiting night clubs in downtown Denver. She reserved a room at the Westin's downtown hotel. Although Groh was the only registered guest, two of her female friends checked in with her and the Westin gave each of them a key to the room.
¶ 3 After having consumed alcoholic beverages throughout the evening, Groh, the two girlfriends, and eight other persons gathered in the room. Around 2:45 a.m., a security guard heard loud noises coming from Groh's room. Although no other guests had complained, the guard went to the door and asked for the person in charge. Over the next few minutes, a series of escalating interactions occurred among this guard, a second guard, the hotel manager, Groh, and some of the others in the room. One guard entered the room without Groh's permission, to which she objected.
¶ 4 During these interactions, at least one person told the Westin employees that everyone in the group was “drunk,” “that was the whole purpose” of the room having been rented, and the guard could not expect them to leave because Ultimately, because Groh was the registered guest, the manager asked that she stay, but would not let the others remain. Groh said that she would leave as well.
¶ 5 During the negotiations between Groh and the Westin employees, several members of her party decided to leave the hotel and were not involved in any of the following events. Shortly after 3:00 a.m., Groh and the remainder of her group were escorted to the front entrance of the hotel by the guards. Although police officers were on the premises investigating an unrelated incident, the Westin did not involve them.
¶ 6 The first security guard blocked the doorframe with his body as the last person exited. One of Groh's friends asked the guard, “Hey, man, it's freezing out here, can we wait in the lobby while we get a cab?” The guard crossed his arms and said, “No, get the f* * * out of here.”1
¶ 7 Groh and the remaining six persons in the group walked down a ramp into the parking garage below the hotel. They passed several vehicles, including a taxi. Angela Reed offered to drive. Groh handed Reed the keys to her vehicle. Groh and the others entered the vehicle, with Reed behind the wheel.
¶ 8 Around 4:00 a.m., several miles from the hotel in route to Groh's home, Reed rear-ended a vehicle that was traveling well below the speed limit. A toxicology expert estimated that Reed's blood alcohol content was between 0.170 and 0.222 at the time of the accident. Groh sustained severe and permanent injuries.
¶ 9 Groh sued the Westin for damages under several negligence and breach of contract claims. The trial court granted summary judgment for the Westin, concluding in relevant part:
¶ 10 The court also found that the Westin had the right to evict Groh and the group based on her breach of the contract, and that the Westin had not waived its right to object to the number of persons in the room:
¶ 11 Appellate review of summary judgment is de novo, Woods v. Delgar Ltd., 226 P.3d 1178, 1180 (Colo.App.2009), informed by the following principles. Summary judgment is appropriate only when the pleadings, affidavits, depositions, answers to interrogatories, or admissions show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. C.R.C.P. 56(c) ; Continental Air Lines, Inc. v. Keenan, 731 P.2d 708, 712 (Colo.1987). The burden of establishing the nonexistence of a genuine issue of material fact is on the moving party. Continental Air Lines, 731 P.2d at 712. The nonmoving party is entitled to the benefit of all favorable inferences reasonably drawn from the undisputed facts, and all doubts are resolved against the moving party. A.C. Excavating v. Yacht Club II Homeowners Ass'n, 114 P.3d 862, 865 (Colo.2005).
¶ 12 Applying these principles to the existing record, the following questions must be resolved in Groh's favor at this stage of the proceedings:
In addition, for purposes of summary judgment only, the Westin concedes that Groh was evicted.
¶ 13 The special relationship between an innkeeper and a guest obligates the innkeeper to exercise ordinary care concerning the guest. See, e.g., Burchmore v. Antlers Hotel Co., 54 Colo. 314, 317, 130 P. 846, 847 (1913). As a corollary of this duty, other jurisdictions recognize that an innkeeper can evict a guest only “in a manner reasonable under the circumstances.” Rodriguez v. Primadonna Co., 125 Nev. 578, 216 P.3d 793, 798 (2009) ; Raider v. Dixie Inn, 198 Ky. 152, 248 S.W. 229, 230 (1923) ( ). Although the Colorado appellate courts have not addressed the latter principle, we find such cases well-reasoned and follow them here.
¶ 14 In Dagen v. Marriott International, Inc., 2006 WL 3728344, *4 (N.D.N.Y. No. 1:05CV1593, Dec. 18, 2006) (unpublished memorandum decision denying defendant's summary judgment motion), the court explained, However, the court did not describe the perils involved.
At a minimum, circumstances such as the guest's condition and the environment outside the hotel will influence the reasonable manner calculus. See McHugh v. Schlosser , 159 Pa. 480, 28 A. 291, 292 (1894) ().
¶ 15 Our supreme court has treated common carriers like innkeepers for purposes of special relationship analysis. Univ. of Denver v. Whitlock, 744 P.2d 54, 58 (Colo.1987). Hence, common carrier cases involving ejection of passengers are informative.
¶ 16 A common carrier may be liable for injuries caused by exercising its right to eject a passenger “at a time or place which is dangerous.” McCoy v. Millville Traction Co., 83 N.J.L. 508, 85 A. 358, 360 (E. & A.1912) ( ); see also Bragg's Adm'x v. Norfolk & W. Ry. Co., 110 Va. 867, 67 S.E. 593, 595 (1910) (); Texas Midland R.R. Co. v. Geraldon, 54 Tex.Civ.App. 71, 117 S.W. 1004, 1007 (1909) (), aff'd, 103 Tex. 402, 128 S.W. 611 (1910) ; Brown v. Chicago, Rock Island & Pac. R.R. Co., 51 Iowa 235, 1 N.W. 487, 490 (1879) (...
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