Angel Smith v. Hot Springs Property Managment LLC

2025 Ark. App. 223
CourtCourt of Appeals of Arkansas
DecidedApril 16, 2025
StatusPublished
Cited by1 cases

This text of 2025 Ark. App. 223 (Angel Smith v. Hot Springs Property Managment LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Angel Smith v. Hot Springs Property Managment LLC, 2025 Ark. App. 223 (Ark. Ct. App. 2025).

Opinion

Cite as 2025 Ark. App. 223 ARKANSAS COURT OF APPEALS DIVISION I No. CV-23-797

ANGEL SMITH Opinion Delivered April 16, 2025 APPELLANT APPEAL FROM THE UNION COUNTY CIRCUIT COURT V. [NO. 70CV-20-254]

HOT SPRINGS PROPERTY HONORABLE JIM F. ANDREWS, JR., MANAGEMENT LLC JUDGE APPELLEE AFFIRMED

RAYMOND R. ABRAMSON, Judge

Angel Smith appeals the Union County Circuit Court order entering summary

judgment in favor of Hot Springs Property Management LLC (HSPM). On appeal, Smith

argues that the circuit court erred by finding that the caveat-lessee doctrine barred her

negligence claim against HSPM, which arose during a short-term rental of a house. She

alternatively argues that she is a third-party beneficiary to a contract in which HSPM agreed

to maintain and repair the house. We affirm.

On September 17, 2020, Smith filed a complaint for negligence against HSPM. She

explained that HSPM maintains, manages, and leases residential properties, and she and a

group of friends rented a house from HSPM in June 2019. She claimed that during the

night, she fell on irregular stairs in the house and fractured her tibia bone. She asserted that

HSPM owed her a duty as an invitee to use ordinary care to maintain the premises in a reasonably safe condition and that HSPM created a dangerous condition on the stairs by not

complying with the building codes and failing to warn her of the condition. She requested

damages for medical care and treatment, pain, suffering, mental anguish, loss of enjoyment

of life, and loss of earnings.

On October 15, HSPM answered Smith’s complaint and filed a third-party complaint

against Debby and Steven Miller. In relevant part, it alleged that the Millers own the house

and that it had entered into a property-management agreement with them to rent, lease, and

manage the house.

On November 29, 2021, HSPM moved for summary judgment against Smith. It

argued that the caveat-lessee doctrine at Arkansas Code Annotated section 18-16-110 (Repl.

2015) barred Smith’s claim. HSPM pointed out that Smith’s friend, Jasmine Brown, entered

into an agreement with HSPM to lease the house for three days and that HSPM did not

agree with Brown to undertake an obligation to maintain or repair the premises. HSPM

attached its rental-management agreement with the Millers, Brown’s rental confirmation

with HSPM, and an affidavit of its owner. In the affidavit, the owner stated that Brown had

exclusive possession of the premises during her reservation.

On December 16, Smith responded. She argued that the transient-occupancy

exemption in Arkansas Code Annotated section 18-17-202(4) (Repl. 2015) of the Arkansas

Residential Landlord-Tenant Act of 2007 applied because HSPM charged and collected sales

tax for the short-term rental. She thus claimed that she was a business invitee, not a tenant,

and she argued that the caveat-lessee doctrine did not bar her negligence claim.

2 On January 27, 2022, HSPM filed a motion asking the court to reconsider the denial

of its summary-judgment motion. HSPM explained that the circuit court had conducted a

hearing on January 26 and that the court orally denied HSPM’s summary-judgment motion

because there remained questions of fact. However, HSPM argued that its motion presented

a question of law.

On April 26, 2023, Smith amended her complaint, and she alleged that the absence

of a handrail proximately caused her fall and that the absence was an open and obvious

danger.

On April 27, HSPM again filed a motion asking the court to reconsider its summary-

judgment motion, asserting the motion presented a question of law. HSPM noted that the

court still had not entered an order.

On May 18, Smith filed a response to HSPM’s motion for reconsideration. She

argued that even if the caveat-lessee doctrine applied, HSPM agreed to maintain services to

tenants in its contract with the Millers and that she is a third-party beneficiary to that

contract.

On June 30, the court held a hearing. At the beginning of the hearing, the court

noted that a former circuit court judge had conducted a hearing on the summary-judgment

motion in January 2022 and had orally denied it but never entered a written order. The

parties stipulated that the court could consider the motion “anew.”

Thereafter, on September 8, the court entered an order granting summary judgment

in favor of HSPM. The court found that a landlord-tenant relationship existed and that the

3 caveat-lessee doctrine barred Smith’s negligence claim. In making this finding, the court

found that Brown had exclusive possession of the property. The court also found that no

facts supported a claim that HSPM agreed with Brown to assume liability for alleged defects

in the property or by its conduct. The court further found that its decision on HSPM’s

summary-judgment motion rendered the claims against the Millers moot. This appeal

followed.

Our summary-judgment standard is well settled. Summary judgment may be granted

only when there are no genuine issues of material fact to be litigated. Greenlee v. J.B. Hunt

Transp. Servs., Inc., 2009 Ark. 506, 342 S.W.3d 274. The burden of sustaining a motion for

summary judgment is always the responsibility of the moving party. McGrew v. Farm Bureau

Mut. Ins. Co. of Ark., 371 Ark. 567, 268 S.W.3d 890 (2007).

Once the moving party has established a prima facie entitlement to summary

judgment, the opposing party must meet proof with proof and demonstrate the existence of

a material issue of fact. Greenlee, 2009 Ark. 506, 342 S.W.3d 274. On appellate review, this

court determines if summary judgment was appropriate by deciding whether the evidentiary

items presented by the moving party in support of the motion leave a material fact

unanswered. Id. We view the evidence in the light most favorable to the party against whom

the motion was filed, resolving all doubts and inferences against the moving party. Id. Our

review focuses not only on the pleadings but also on the affidavits and other documents filed

by the parties. Id. As to issues of law presented, our review is de novo. State v. Cassell, 2013

Ark. 221, 427 S.W.3d 663.

4 On appeal, Smith argues that the circuit court erred by finding that the caveat-lessee

doctrine1 barred her negligence claim because a short-term rental does not create a landlord-

tenant relationship. In making this argument, Smith claims that Brown did not have

exclusive possession of the property because Brown was like a hotel guest or lodger and only

had a right to use the house. She cites out-of-state cases discussing the difference between

hotel guests and tenants.

However, this court addressed and rejected a similar argument in Franke v. Clinton

William Holland Revocable Trust UAD Aug. 9, 2010, 2021 Ark. App. 310, 633 S.W.3d 772.

Specifically, we held that landlord-tenant principles and thus the caveat-lessee doctrine

applied to a one-night rental of a warehouse for a party. Id. We rejected the appellant’s

1 Arkansas has recognized the caveat-lessee doctrine for almost a century. Under that rule, unless a landlord agrees with his tenant to repair leased premises, he cannot, in the absence of statute, be compelled to do so or be held liable for repairs. Hurd v. Hurt, 2017 Ark. App. 228, at 4, 519 S.W.3d 710, 712 (citing Propst v. McNeill, 326 Ark.

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Angel Smith v. Hot Springs Property Managment LLC
2025 Ark. App. 223 (Court of Appeals of Arkansas, 2025)

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