Schmidt v. Intercontinental Hotels Group Resources, Inc. & Hotel

850 F. Supp. 2d 663, 2012 WL 404948, 2012 U.S. Dist. LEXIS 15502
CourtDistrict Court, E.D. Kentucky
DecidedFebruary 8, 2012
DocketNo. 5:10-CV-24-REW
StatusPublished
Cited by4 cases

This text of 850 F. Supp. 2d 663 (Schmidt v. Intercontinental Hotels Group Resources, Inc. & Hotel) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schmidt v. Intercontinental Hotels Group Resources, Inc. & Hotel, 850 F. Supp. 2d 663, 2012 WL 404948, 2012 U.S. Dist. LEXIS 15502 (E.D. Ky. 2012).

Opinion

MEMORANDUM OPINION AND ORDER

ROBERT E. WIER, United States Magistrate Judge.

Defendants/Third-Party Plaintiffs, Intercontinental Hotels Group Resources, [664]*664Inc. and Hotel d/b/a Holiday Inn Lexington, Kentucky, move the Court for summary judgment. DE # 49 (Motion). Third-Party Defendant, Bulls Eye Lawn and Landscape, responded in favor (DE #52), Plaintiffs responded in opposition (DE #54), and Defendants subsequently replied (DE # 55). Having reviewed the filings and full record under the required standards, the Court DENIES Holiday Inn’s motion for summary judgment (DE #49).

I. Relevant Background1

This cases arises out of Plaintiff Karen Schmidt’s slip and fall on a patch of ice outside the Holiday Inn Lexington, Kentucky. On January 30, 2009, Schmidt traveled to Lexington for a Gambler’s Anonymous conference. DE # 49-1 (Memorandum) at 2. She arrived at the Holiday Inn at approximately 8:30 p.m. Id. Schmidt spoke to employee Dustin Cook, who checked her in. DE # 54 (Response) at 2-3. Plaintiff testified in deposition that Cook directed her to go outside the building to park her car and to enter the hotel from an outside entrance. DE # 54-1 (Schmidt Depo.) at 19. He then gave her a map of the hotel and hotel parking lot, circled entrance H, and directed her verbally on how to get there. Id. She further testified that Cook did not inform her that she could get to her hotel room from the front lobby without going outside. Id. There is no evidence that Plaintiff had been to the hotel before. DE # 54 (Response) at 13-14.

Schmidt relayed leaving the hotel lobby, driving her car to a parking spot, and walking from her car to the sidewalk. DE # 54-1 (Schmidt Depo.) at 19. Upon exiting her car, she noticed that the parking lot was “surrounded with patches of ice.” Id. at 21. She testified further that she walked “pretty gingerly” to the sidewalk area, carrying her suitcase in some areas, but that once she got to the sidewalk “it was clear” and she put her suitcase down. Id.

On the sidewalk, Schmidt pulled out her cell phone and called her friend, Diana Black. Id. at 22. Plaintiff stated that she rolled her suitcase with one hand, held up her phone with the other, also grasping her room key and papers. Id. She described the sidewalk as follows:

On the sidewalk, looking in front of me, there was snow to the left and right. Now it could have been ice underneath. I don’t know that, but I didn’t try to find out. But — anyway, but the sidewalk was clear; it was wet, very clear. And it had — like I said, there was definitely pebbles of salt. You could see that it had been salted and plowed because it was — or shoveled, I should say, at that area because you did see the snow on the right and left, I mean, as I was walking in.

Id. at 26.

Schmidt described her fall as follows:

I kind of put my arms back to try to catch my fall. You know, that’s what I remember. I fell hard enough that my legs were in front of me, and I was flat down, and I had hit my head. I didn’t hit my head extremely hard, as I said, or I would have — I mean, it would have been a lot — I would have not been in the shape to be able to kind of get my wits about me.

Id. at 27. Schmidt stated that she crawled over to the edge of the ice, stood up carefully, and examined where she fell. Id. at 30. Schmidt testified that she “was looking very close” and, for the first time, she [665]*665saw the patch of ice. Id. Schmidt was unable to identify at deposition how big the ice patch was. Id. After reporting her fall to hotel management, she went back outside to inspect where she fell. Id. Schmidt described the area as follows:

I don’t know how thick it was, but I can tell you that in parts of it, it was very thick. Some parts it didn’t appear it was — it seemed unlevel, but it was definitely covered. The whole entranceway from sidewalk to sidewalk out several feet was definitely covered, and, like I said, if you had — -I remember looking at a piece that had some crushed up looking ice, but that was more toward the door. That wasn’t what I hit. And I do recall that, and when she took — Diana and them took pictures, they used, you know, a flash and we could — I could really see it. You could actually see it better through the pictures than when you were standing there looking at it.

Id. at 31.

Plaintiff relayed speaking with Cook at least once after her fall. Id. She stated that Cook told her the recent weather had been the worst ice storm Lexington had ever seen, that the hotel was out of salt, and that he was aware of the ice at the H entrance because he had received other complaints. Id. at 41. She further testified that she told Cook she thought she would be okay. Id.

Schmidt filed the instant suit on January 26, 2010, seeking medical and hospital expenses, among other damages. Her husband also seeks compensation for loss of consortium. Holiday Inn impleaded the Third-Party Defendant, Bulls Eye Lawn and Landscape, on March 31, 2011. DE # 23 (Third-Party Complaint). Defendants moved for summary judgment on October 5, 2011 (DE # 49), Bulls Eye responded in favor (DE # 52), Plaintiffs responded in opposition (DE # 54), and Defendants subsequently replied (DE # 55). The Motion stands ripe for review. Kentucky law governs this diversity case. Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 822, 82 L.Ed. 1188 (1938) (“Except in matters governed by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state.”).

II. Standard of Review

Pursuant to Federal Rule of Civil Procedure 56, a court should grant summary judgment “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A reviewing court must construe the evidence and draw all reasonable inferences from the underlying facts in favor of the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986); Lindsay v. Yates, 578 F.3d 407, 414 (6th Cir.2009). Additionally, the court may not “weigh the evidence and determine the truth of the matter” at the summary judgment stage. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986).

The burden of establishing the absence of a genuine dispute of material fact initially rests with the moving party. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct.

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850 F. Supp. 2d 663, 2012 WL 404948, 2012 U.S. Dist. LEXIS 15502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmidt-v-intercontinental-hotels-group-resources-inc-hotel-kyed-2012.