Carr Allison’s Sean W. Martin and Michael J. Petherick (Chattanooga, TN) obtained summary judgment for one of its hospitality clients. The plaintiff checked into the hotel with her boyfriend. Before going to bed the couple drank 16 alcoholic beverages at the hotel bar. Later that night, the plaintiff went to the bathroom where she claimed she slipped on a large puddle of water on the floor. She claimed the water came from a leak in the toilet. The hotel owner moved for summary judgment on grounds that it did not have notice of the alleged puddle of water. There was no water on the floor when the room was cleaned prior to plaintiffs’ arrival. Hotel maintenance records did not reveal any prior complaints regarding plumbing leaks from prior guest who stayed in that room. Finally, an inspection of the plumbing fixtures immediately after the plaintiff fell, did not reveal any problems or leaks.
