Hyatt Corp. v. Cook

• Decision Date: 11 February 2000
• Docket Number: No. A99A1770.,A99A1770.
• Citation: Hyatt Corp. v. Cook, 529 S.E.2d 633, 242 Ga. App. 542 (Ga. App. 2000)
• Parties: HYATT CORPORATION v. COOK.
• Court: Georgia Court of Appeals

529 S.E.2d 633

242 Ga. App. 542

HYATT CORPORATION v. COOK.

No. A99A1770.

Court of Appeals of Georgia.

February 11, 2000.

Reconsideration Denied March 1, 2000.

Certiorari Denied June 9, 2000.

Ladson & Suthers, M. Brice Ladson, Savannah, Jeffrey M. Rutledge, Columbus, Christopher J. Thompson, Savannah, for appellant.

Douglas G. Andrews, Savannah, for appellee.

ANDREWS, Presiding Judge.

Hyatt Corporation appeals the denial of its motion for summary judgment in Cook's suit alleging a number of tort claims arising from Cook's arrest by Officer Thran for disorderly conduct.¹ The arrest occurred in the Savannah Hyatt during the 1993 New Year's eve festivities for which Officer Thran had been retained by Hyatt for security.

The standards applicable to motions for summary judgment are announced in Lau's Corp. v. Haskins, 261 Ga. 491, 405 S.E.2d 474 (1991). When ruling on a motion for summary judgment, the opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Moore v. Goldome Credit Corp., 187 Ga. App. 594, 596, 370 S.E.2d 843 (1988). Further, this court conducts a de novo review of the law and the evidence. Desai v. Silver Dollar City, 229 Ga.App. 160, 163(1), 493 S.E.2d 540 (1997).

Clark v. Cauthen, 239 Ga.App. 226, 227(1), 520 S.E.2d 477 (1999).

Although the evidence in many respects was conflicting, the crucial facts are without material dispute. Viewed in favor of Cook, the evidence showed that he, his wife, and Mr. and Mrs. Froelich had purchased New Year's eve packages at the Savannah Hyatt. The packages included a room for the evening, a dinner buffet, live bands, and midnight celebrations at the hotel. Additionally, guests purchased drink tickets to be used during the evening. Cook and Mr. Froelich had met and become friends while both were career Army noncommissioned officers. Cook was off duty during New Year's, while Froelich, retired, was a private investigator in Savannah. Cook had received military police training during his service. Officer Thran had been with the Savannah police since 1988 and was also a former military policeman. He was working an off-duty job during this holiday, as he had done every New Year's eve since 1989. While working the Hyatt job, Thran testified that it would be reasonably anticipated that he might have to use his law enforcement powers and that he wore his uniform while working. Thran came on duty at the Hyatt at noon on New Year's eve and was to work until closing New Year's day at 3:00 a.m. He was to be paid $15 per hour by Hyatt for these services.

After the Cooks and Froelichs had dinner, listened to the bands, and watched the balloon drop in the lobby, they went to MD's, the lounge in the atrium of the Hyatt. Mr. Froelich had several unredeemed drink tickets which he wanted to use. Cook acknowledged consuming approximately six beers and two mixed drinks during the evening. Mr. Froelich at that point, according to Mrs. Cook, was "feeling no pain." The group sat at a table near the window, farthest from the entrance. When the bartender would not redeem Froelich's tickets, Froelich called her a b_ _ _h and returned to the group's table. The bartender approached the table and told them to leave. At that point, around 12:30 a.m., a hotel employee, apparently the manager, announced that the bar was closing.

The manager then approached Officer Thran in the lobby and advised him that there was a problem in the bar, and Thran proceeded to the bar. He spoke to the bartender who told him that no one was paying attention to her direction to leave, and that someone had been nasty to her. Thran then began directing the crowd to leave, and people began to go. As the Cooks were following the Froelichs out of the bar, Thran placed his hand on Cook's back and told them to get going and that it was time to go. Although Cook did not hear the statement, he did receive a push from behind from the officer. Cook told Thran, "Don't touch me." A few steps later, Thran took Cook's arm, attempting to guide him from the bar. At that point, Cook jerked his arm and again told Thran not to touch him.

Officer Thran described the arm movement as looking "like an aggressive move to me," and as being "back towards me." Thran believed that if he did not take action, Cook "would have been acting violent." At that point, Thran grabbed Cook by the neck, took him to the ground, and handcuffed him. Both Mr. and Mrs. Cook deposed that they heard Thran say "[y]ou're going down" immediately before grabbing Cook. Other officers helped escort Cook outside the hotel while a police van was called to...