Jillian Groh, individually and by and through her guardians and conservators, William and Janelle Groh v. Westin v. Westin Operator, LLC, 2013COA39 (March 28, 2013)

Fortunes change in the blink of an eye. A group of revelers, too large for their hotel room, were evicted. Although drunk, they drove and got into an accident. Plaintiff, who rented the room and was a passenger, sued the hotel for nonfeasance because it failed to prevent the accident. The trial court dismissed the claim. Reversing, the court of appeals held that because innkeepers have a special relationship with guests, if it evicts them, it must do so reasonably. It concluded: 1) injury to an evicted drunk guest into a cold night is foreseeable; 2) minimal effort could mitigate the risk; 3) the existence of countervailing duties was questionable; and 4) innkeepers are in a better position than drunk guests to avoid potential harm following eviction. Thus, judgment for the hotel was reversed. The dissent (formerly the majority) concluded the hotel owed no duty to the guest.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA0363-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8880&courtid=1

The Supreme Court affirmed HERE

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1 Comment

Filed under Personal Injury, Torts

One response to “Jillian Groh, individually and by and through her guardians and conservators, William and Janelle Groh v. Westin v. Westin Operator, LLC, 2013COA39 (March 28, 2013)

  1. Pingback: Westin Operator, LLC v. Jillian Groh, through her guardians and conservators William and Janelle Groh, 2015CO25 (April 13, 2015) | Colorado Litigation Report ™

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