Landry
Landry v. S.C. Beach Hotel Partners CA6
Opinion
Opinion
Elia, J.
Background
The facts are undisputed. Plaintiff, a guest at the Dream Inn, was descending the hotel stairs when three boys, also hotel guests, passed by, accompanied by an adult. Two 1 of the boys grabbed her, causing her to fall and be injured.
1 In her complaint, plaintiff alleged that the fall caused a broken collarbone "among other injuries." In her deposition, however, she described her injury as a broken arm. 1 On February 4, 2011, plaintiff filed a complaint for damages for personal injury against defendant, claiming that the hotel was "negligently owned, maintained, managed and operated," and that defendant had breached its duty to plaintiff by failing to supervise its guests. Defendant moved for summary judgment on the ground that the actions of the boys in this case were not reasonably foreseeable and it therefore did not owe plaintiff a duty to take measures to prevent plaintiff's injury. The trial court granted summary judgment, finding that defendant did not owe a duty to plaintiff because defendant "had no reason to anticipate the wrongful act(s) of third parties which caused plaintiff's injuries." The court entered judgment on February 1, 2012, followed…