Williams v. Candlelight Inn

224 So. 2d 548, 1969 La. App. LEXIS 5997
CourtLouisiana Court of Appeal
DecidedJune 12, 1969
DocketNo. 2732
StatusPublished
Cited by4 cases

This text of 224 So. 2d 548 (Williams v. Candlelight Inn) 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
Williams v. Candlelight Inn, 224 So. 2d 548, 1969 La. App. LEXIS 5997 (La. Ct. App. 1969).

Opinions

HOOD, Judge.

This is an action for damages for personal injuries sustained by plaintiff when he fell while occupying a room in a motel owned and operated by The Candlelight Inn. The suit was instituted by Eric G. Williams against The Candlelight Inn, a partnership, and its insurer, Aetna Casualty and Surety Company. The case was tried by jury, with the result that a verdict was rendered for plaintiff, awarding him $2,000.00. A decree was signed by the trial court in accordance with that verdict.

Plaintiff appealed, contending primarily that the amount of the award should be increased. Defendants answered the appeal, contending that the trial court erred in finding that the defendant motel owner was negligent, or alternatively, in failing to find that plaintiff was barred from recovery by his own contributory negligence.

The issues presented are: (1) Was the defendant motel operator negligent? (2) Is plaintiff barred from recovery by his own contributory negligence? and (3) Should the amount of the award be increased ?

The evidence shows that plaintiff, a resident of Texas, registered as a paying guest at The Candlelight Inn Motel in Lake Charles, on March 14, 1967. He spent several hours in his room that evening reading and watching television. During most of that time he sat in a cushioned chair which had been provided by the motel for the use of guests occupying that room. At about midnight, as he turned in the chair to lay a book on the bed, the chair collapsed causing plaintiff to fall a distance of about 18 inches to the floor. He stated that the lower part of his back struck the floor, and that his head struck a rung on the back of the chair. He remained on the floor for 25 or 30 minutes, and then he got up and went to bed. He testified that he experienced pain in his lower back throughout the night, and that the pain was still present the following morning.

On the morning of March 15, plaintiff consulted an attorney who recommended that he see a doctor and that he arrange to have pictures taken of the chair. Williams immediately consulted Dr. Wilson D. Morris, of Lake Charles, and he engaged a professional photographer to make photographs of the chair that morning. He then reported the accident to the manager of the motel at about 2:00 or 3:00 p. m. on March 15, 1967.

[550]*550The photographs taken by the photographer reveal that the chair was constructed of wood, that some' of the screws which held it together had pulled loose, that some of the wooden parts of the chair had split, that the back of the chair had become completely separated from the seat, arms and legs, and that at least two of the legs had spread out allowing the seat to drop to the floor. The evidence shows that there were cushions on the seat and back of the chair when the accident occurred, although plaintiff testified that there was no cushion under him when he fell.

At the time the accident occurred, The Candlelight Inn had in its employment a full time maintenance man to keep the motel and the furniture in good condition. The manager of the motel also had instructed all employees to remove defective pieces of furniture from the rooms and if possible to have them repaired. If they couldn’t be repaired the instructions to the employees were to replace the defective items with furniture that would be secure.

A motel operator owes a duty to an invitee or a business guest to exercise reasonable care for his safety and to keep the motel premises in a reasonably safe condition. De Latour v. Roosevelt Hotel, 1 So.2d 353 (La.App.Orl.Cir.1941); Peters v. Great Atlantic & Pacific Tea Company, 72 So.2d 562 (La.App. 2d Cir.1954); Alexander v. General Accident Fire and Life Assurance Corp., 98 So.2d 730 (La.App. 1st Cir. 1957); Simmons v. American Universal Insurance Company, 124 So.2d 193 (La.App. 4th Cir.1960) ; Nettles v. Forbes Motel, Inc., 182 So.2d 572 (La.App. 1st Cir.1966); Caruso v. Aetna Insurance Company, 186 So.2d 851 (La.App. 1st Cir. 1966). Plaintiff in the instant suit was an invitee or a business guest of the motel when this accident occurred.

In Alexander v. General Accident Fire & Life Assurance Corp., supra, the court said:

“An invitee is a person who goes on the premises with the express or implied invitation of the occupant on the business of the latter or for their mutual advantage; and to him, the duty owed is that of reasonable and ordinary care, which includes the prior discovery of reasonably discoverable conditions of the premises that may be unreasonably dangerous, and correction thereof or a warning to the invitee of the danger.”
“As a general rule [the host] ‘is not liable for an injury to an invitee resulting from a danger which was obvious or should have been observed by the invitee in the exercise of reasonable care, or from a condition which was as well known or as obvious to the invitee as to the invitor,’ Crittenden v. Fidelity & Cas. Co., La.App. 2 Cir., 83 So.2d 538, 540.”

In Nettles v. Forbes Motel, Inc., supra, the plaintiff, who was a guest in the defendant motel, was injured when she fell from a dressing table stool on which she was standing. The First Circuit Court of Appeal, in holding that the motel operator was negligent and thus liable in damages, said:

“Forbes testified that no precautions were taken relative to the stools except to advise the maids who cleaned the rooms to report and turn in any defective stools. The stool in this case must have been obviously loose to one making an inspection of it, since it collapsed under a minimal strain. Such a defect as this should have been discovered in the exercise of reasonable care by Forbes Motel, Inc., or its agents or employees.”

In the instant suit, the photographs in the record show that the chair came apart in a number of places. It was subjected to only a minimal amount of strain, and yet it collapsed completely. The evidence shows, therefore, that the chair was defective and unstable. The jury obviously concluded, as did the court in the Nettles case, that the chair “must have been obviously loose to one making an inspection of it, since it col[551]*551lapsed under a minimal strain.” We cannot say that the jury erred in reaching that conclusion.

We find that the defendant motel keeper was negligent in failing to maintain the premises in a reasonably safe condition, and particularly in failing to discover the defective condition of the chair and repair it before the accident occurred. The defendant’s negligence in that respect was a proximate cause of the accident.

Defendants alleged, however, that plaintiff is barred from recovery by his own contributory negligence in misusing the chair and in failing to notice the defects in it before the fall occurred. The evidence does not show that the chair was misused in any way.

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Cite This Page — Counsel Stack

Bluebook (online)
224 So. 2d 548, 1969 La. App. LEXIS 5997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-candlelight-inn-lactapp-1969.