Articles Posted in Landlord - Tenant

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After a late night out, Jillian Groh brought a group of friends back to a room she rented at the Westin Hotel. Security guards confronted the group about the noise level in the room, and ultimately evicted them, even though Groh and her companions advised the guards they were drunk and could not drive. On the way out, one of the friends asked if the group could wait in the lobby for a taxi (because it was cold outside). The guard blocked the door. Seven people then got into Groh's car, with a drunk driver behind the wheel. Fifteen miles away they rear-ended another vehicle, resulting in a crash that killed one man and left Groh in a persistent vegetative state with traumatic brain injuries. Groh's parents sued the Westin for their daughter's injuries, because of the manner in which the security guards evicted her. The issue this case presented for the Supreme Court's review was one of first impression: what duty of care, if any, does a hotel owe a guest during a lawful eviction? A divided appellate panel held that the hotel had a duty to evict a guest "in a reasonable manner," noting that this precludes ejecting a guest into a "foreseeably dangerous circumstance" that result from either the guest's condition or the environment. It also held that the Colorado Dram Shop Act did not apply because the hotel did not serve Groh alcohol. The Supreme Court agreed with the appellate court's analysis, and affirmed. View "Westin Operator, LLC v. Groh" on Justia Law

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Petitioner Barbara Jordan sued respondent Panorama Orthopedics and Spine Center, PC for negligence and premises liability. After receiving medical treatment at the Center, Jordan tripped over uneven sidewalk slabs near Panorama's main entrance. She fell and suffered a concussion and an orbital fracture. The issue this case presented for the Supreme Court's review was whether the Colorado pRemises Liability Act (PLA) applied to a commercial tenant defendant for injuries plaintiff sustained in a common area. Specifically, the case turned on whether the tenant qualified as a "landowner" under the PLA. A jury ultimately found in favor of petitioner. The clinic appealed, and the Court of Appeals reversed. After its review, the Supreme Court agreed with the appellate court, concluding that because the clinic neither was in possession of the sidewalk where petitioner fell, it was not legally responsible for the condition of the sidewalk or for the activities conducted or circumstances existing there, so it was not a landowner as defined by the PLA. View "Jordan v. Panorama Orthopedics & Spine Ctr., PC" on Justia Law