Connelly Ex Rel. McBride v. Family Inns of America, Inc.

540 S.E.2d 38, 141 N.C. App. 583, 2000 N.C. App. LEXIS 1408
CourtCourt of Appeals of North Carolina
DecidedDecember 29, 2000
DocketCOA99-1241
StatusPublished
Cited by15 cases

This text of 540 S.E.2d 38 (Connelly Ex Rel. McBride v. Family Inns of America, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Connelly Ex Rel. McBride v. Family Inns of America, Inc., 540 S.E.2d 38, 141 N.C. App. 583, 2000 N.C. App. LEXIS 1408 (N.C. Ct. App. 2000).

Opinions

LEWIS, Judge.

This case arose from an armed robbery that took place at the Family Inn Motel in Rowland, North Carolina (“Family Inn”). On 19 July 1994, plaintiffs Mary Ellen Connelly, her son, Brian Connelly, and his grandmother, Nellie Lockett, were traveling south on Interstate Highway 95 en route to Florida for a family vacation from their home in Pennsylvania. They obtained lodging for the night at the Family Inn, located at the intersection of Interstate 95 and U.S. Highway 301 (“1-95, U.S. 301 intersection”). The North Carolina-South Carolina border runs through this intersection. The commercial area known as “South of the Border” is across 1-95, U.S. 301 intersection but is part of the same intersection, although it is located in South Carolina.

At approximately 2 a.m., while plaintiffs were asleep, two men entered through the door of plaintiffs’ motel room, which contained only a push lock on the doorknob; there was no evidence of a chain or deadbolt. One of the men brandished a small handgun, announced, “This is a wake-up call!” and threatened to shoot plaintiffs if they could not find any money. They ordered plaintiffs to lie on the floor and cover themselves with sheets; they then ripped the phone wires out of the wall. One of the thieves walked outside to the parking lot to search Mary Ellen Connelly’s car, which was parked directly outside the motel room. During this time, a local police officer drove through the parking lot, waving to the intruder as he drove by. The robbers left with Nellie Lockett’s ATM card and pin number, seventy-five dollars in cash, two gold rings and two gold watches. The plaintiffs suffered no physical injuries.

[586]*586After the intruders left, Mary Ellen Connelly went to the front office of the Family Inn, where the desk clerk called the police. The motel refused to refund plaintiffs’ money for the room, but offered them another room in which to stay. After giving the police a description of the intruders, however, plaintiffs checked out of the Family Inn in the early morning hours and drove to Florida.

On 16 December 1996, plaintiffs brought suit against numerous defendants variously associated with the Family Inn. Plaintiffs first claimed that their injuries and damage were proximately caused by, among other things, defendants’ negligent failure to provide adequate security for the protection of its patrons against intentional criminal acts of third parties and failure to maintain adequate control over keys to the rooms. In addition, plaintiffs alleged claims for (2) negligent misrepresentation, (3) negligent infliction of emotional distress, (4) intentional infliction of emotional distress, (5) fraud, (6) bad faith violation of special relationship, (7) unfair trade practices and (8) loss of consortium.

On 17 March 1999, the trial court granted summary judgment for defendants on all claims. The trial court thereafter denied plaintiffs’ motions under Rule 59 to alter or amend the order of summary judgment and Rule 60 to vacate the summary judgment in its entirety. Plaintiffs appeal.

NEGLIGENCE

The first issue is whether plaintiffs presented a sufficient forecast of evidence in support of their negligence claim based upon defendants’ alleged failure to provide adequate security at the Family Inn to withstand defendants’ motion for summary judgment. On appeal, the parties dispute whether plaintiffs presented sufficient proof on the issue of whether criminal acts at the Family Inn were foreseeable, which would create a duty in defendants to provide adequate protection for its guests.

Plaintiffs have dedicated a large part of their argument to several alternate theories of determining whether defendants had a duty to safeguard their patrons from criminal acts of third parties. In one, plaintiffs contend defendants’ duty is established by N.C. Gen. Stat. § 72-l(a), which provides that “[e]very innkeeper shall at all times provide suitable lodging accommodations for persons accepted as guests in his inn or hotel.” Plaintiffs assert the statute’s mandate of “suitable lodging accommodations” sets forth an affirmative require-[587]*587merit which effectively makes innkeepers insurers of the safety of their guests, citing Patrick v. Springs, 154 N.C. 270, 70 S.E. 395 (1911).

In analyzing G.S. 72-l(a), this Court has made clear that the provision “does no more than state the common law duty of an innkeeper to provide suitable lodging to guests, and carries with it no warranty of personal safety.” Urbano v. Days Inn, 58 N.C. App. 795, 799, 295 S.E.2d 240, 242 (1982) (emphasis added). Furthermore, Patrick v. Springs involved neither application of G.S. 72-1 nor criminal acts of third parties. Rather, Patrick concerned a hotel guest who was asphyxiated by a leaking gas pipe in his hotel room, and did not address the issue of criminal acts by third parties. Patrick, 154 N.C. at 271-72, 70 S.E.2d at 395.

In addition, plaintiffs cite an array of cases in support of a rule that prima facie liability of negligence is established where a motel’s doorlock system fails to prevent minimal effort intrusions. We reject this argument. From this jurisdiction, plaintiffs have cited only Madden v. Carolina Door Controls, 117 N.C. App. 56, 449 S.E.2d 769 (1994). In Madden, the plaintiff was injured by an automatic door in a supermarket. Id. at 57, 449 S.E.2d at 770. The Court’s analysis focused on the doctrine of res ipsa loquitor. Id. at 59, 449 S.E.2d at 771. The Madden Court did not even suggest a rule regarding negligence in the instance of an intrusion by a third party, as is at issue here. We find Madden and the numerous cases from other jurisdictions set forth by plaintiffs in this regard inapplicable.

We turn now to the necessary issue of foreseeability. It is well settled in North Carolina that there is no duty on the part of a proprietor to insure the safety of his patrons. Foster v. Winston-Salem Joint Venture, 303 N.C. 636, 638, 281 S.E.2d 36, 38 (1981). Rather, such a person owes only the general duty of ordinary care to maintain the premises in such a condition that it may be used safely by guests in the manner for which it was intended. Rappaport v. Days Inn, 296 N.C. 382, 383-84, 250 S.E.2d 245, 247 (1979). Generally, intentional, criminal acts of third persons cannot be reasonably foreseen by the proprietor, and therefore constitute an independent, intervening cause absolving the owner of liability. Foster, 303 N.C. at 638, 281 S.E.2d at 38.

The test in determining whether a proprietor has a duty to safeguard his patrons from injuries caused by the criminal acts of third persons is one of foreseeability. Murrow v. Daniel, 321 N.C. 494, 501, [588]*588364 S.E.2d 392, 397 (1988). The most probative evidence on the question of whether a criminal act was foreseeable is evidence of prior criminal activity committed. Sawyer v. Carter, 71 N.C. App. 556, 558, 322 S.E.2d 813, 815, disc. review denied, 313 N.C. 509, 329 S.E.2d 93 (1985). However, certain considerations restrict us as to which evidence of prior criminal activity is properly considered.

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Connelly Ex Rel. McBride v. Family Inns of America, Inc.
540 S.E.2d 38 (Court of Appeals of North Carolina, 2000)

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Bluebook (online)
540 S.E.2d 38, 141 N.C. App. 583, 2000 N.C. App. LEXIS 1408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connelly-ex-rel-mcbride-v-family-inns-of-america-inc-ncctapp-2000.