Searcy v. La Quinta Motor Inns, Inc.

676 So. 2d 1137, 96 La.App. 4 Cir. 0143, 1996 La. App. LEXIS 1349, 1996 WL 360624
CourtLouisiana Court of Appeal
DecidedJune 26, 1996
DocketNo. 96-CA-0143
StatusPublished
Cited by1 cases

This text of 676 So. 2d 1137 (Searcy v. La Quinta Motor Inns, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Searcy v. La Quinta Motor Inns, Inc., 676 So. 2d 1137, 96 La.App. 4 Cir. 0143, 1996 La. App. LEXIS 1349, 1996 WL 360624 (La. Ct. App. 1996).

Opinion

| iJONES, Judge.

Plaintiffs Dr. and Mrs. Lawton E. Searcy and their insurer, Aetna Life & Casualty Company appeal a judgment of the First City Court for the City of New Orleans ordering defendant La Quinta Motor Inns, Inc. to pay plaintiffs $500.00 as damages suffered from theft of certain jewelry and a camera while the Seareys were registered as guests at the defendant’s hotel. Plaintiffs argue the full value of their theft loss was $4,938.95, and the trial court erred when it found that La.C.C. art 2971 was applicable and that the hotel’s liability was limited to $500.00.

On or about the night of March 9, 1987, Dr. Lawton Searcy and his wife, Rhonda Holmes Searcy cheeked into the LaQuinta Inn located on Crowder Boulevard in the City of New Orleans. Dr. Searcy had been elected to serve on the Trustee Board of the New Orleans Baptist Theological Seminary and was in New Orleans for the annual meeting and dedication of a new building. His wife accompanied him on the trip. The Seminary had handled all the reservations for the Seareys to stay at the LaQuinta.

Dr. Searcy testified that he and his wife were greeted by a young lady at the registration desk who pulled up a reservation slip on the computer and told him toRsign the form. Dr. Searcy signed the form without reading it and did not notice any language at the top of the form. On cheek in, he did not notice any kind of posting on the front door of the motel, in the lobby, or behind the registration desk. The young lady at the registration desk did not call his attention to anything on the wall. A copy of the reservation form which he had signed was not handed to him until after he was departing. Nor did anyone point out any particular portion of the form to him.

The Seareys went straight to their room and to bed without unpacking, as both were exhausted and Dr. Searcy had an early morning board meeting to attend. Neither one of them noticed anything posted on the backside of the entrance door to their room nor did anyone suggest there was something on the door they should read. Mr. Searcy woke up early the next morning, showered and dressed, and departed for his meeting. He did not turn the light on in the main room. When he left, he did not personally notice anything posted on the backside of the door.

Mrs. Searcy testified that upon checking-in, she did not notice anything posted in the lobby, on the front doors of the motel, or behind the registration desk. Nobody from the motel staff accompanied them to their room. They went straight to bed. She saw nothing on the back of the door when she arrived. She arose early the next morning, after her husband had already left. She had a breakfast meeting with some of the ladies. Upon leaving, she did not notice anything posted on the door.

Mrs. Searcy returned to the room 45 minutes to one hour later, unlocked the door, and found her suitcase practically empty, with some of her things scattered around the room. However, she noticed that the bed had been made up. She subsequently looked for signs informing the guests of the existence of a safety ^deposit box, but found none. She specifically looked at the area [1139]*1139behind the registration desk, Nothing was posted.

The deposition of Jean Crawford was submitted into evidence. She testified that she was employed by La Quinta Motor Inn in March of 1987 as the Assistant Manager. She identified an exhibit which contained the exact wording for La.C.C. arts. 2968, 2969, and 2971 as the notice which was posted in the room that the Searcys occupied in March 1987. She testified that the exhibit showed the actual size of the notice that could be found in a frame on the inside of each of the guest room doors. The notice in the exhibit was approximately three and one half by seven inches long.

Mrs. Crawford could not remember checking to see whether this particular notice was posted at the registration desk at any time. However, she did not believe the notice containing the exact wording of the statues was posted in the registration area. She believed the notice was only posted in the guest rooms. She also identified another exhibit as the notice which was posted on the door somewhere near the peephole. That notice, entitled “FOR YOUR ADDED SAFETY”, states, in relevant part:

SAFETY DEPOSIT BOXES
DO NOT LEAVE MONEY OR VALUABLES IN YOUR ROOM. Under state law, the motel cannot be responsible for loss unless articles have been properly secured in the safety deposit boxes located at our front desk.

Further, Mrs. Crawford testified that when guests check in they are told that there are safety deposit boxes available. She identified the guest check-in sheet from the computer which Mr. Searcy had signed when cheeking in. On the top of that document in very small print is the following “This property is privately owned and operated. The management reserves the right to refuse service to |4anyone for lawful and legitimate reasons. Safety deposit boxes are available at the front desk and money, jewelry and documents or other articles of value and small compass should be deposited for safekeeping. Unless deposited, the motel assumes no responsibility for any loss or injury to such articles.” The writing was very small, and when asked to read it during her deposition, Mrs. Crawford admitted at one point that she could not read one of the words. Her reading of the rest did not really appear to be a verbatim recitation of what was actually on the form.

In her deposition Mrs. Crawford also identified a photograph of a sign that she testified was located right behind the front desk just above a safety deposit box. The photograph contained a notice giving the check-out time and informing the guest that the hotel was not responsible for personal property. A blind spot in the middle of the photograph obscured a portion of the notice. Mrs. Crawford attempted to reconstruct the obscured words but could not remember the exact wording of the notice. She admitted the sign in the photo was the only sign posted behind the registration desk that talked about the responsibility of articles or things.

Finally, Mrs. Crawford admitted that she was not the person who had personally checked the Searcys in the night of their arrival. Nor was she present at the registration desk for check out.

Following trial of the ease, the court initially found La Quinta had complied with the provisions of La.C.C. arts 2968 and 2971. Therefore, La Quinta could not be liable contractually or delictually for the loss of any items in any sum exceeding $500.00. In his original reasons for judgment the trial court specifically found LaQuinta provided safety deposit boxes for use by the guests and that notifications of the availability of the safety deposit boxes were placed in conspicuous places as required by the Code, including behind the registration desk and on the doors of each room. The plaintiffs filed a motion for a new trial. | gThey argued that the judgment was contrary to the law and evidence because the $500.00 limitation of liability was not applicable. They further argued the hotel did not post a valid notice in the area of the registration desk or anywhere in the lobby, and the notice posted behind the guest room doors was not conspicuous pursuant to the holding of Kraaz v. La Quinta Motor Inns, Inc., 410 So.2d 1048 at 1051-1053 (La.1982). The plaintiffs additionally [1140]

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676 So. 2d 1137, 96 La.App. 4 Cir. 0143, 1996 La. App. LEXIS 1349, 1996 WL 360624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/searcy-v-la-quinta-motor-inns-inc-lactapp-1996.