Pardalis & Nohavicka Hotel Liability Law Update: Woman Injured Evading Luggage Cart Cannot Recover Money From Hotel
A woman, 5-foot, 4 inches, 250 lbs., was walking out of a hotel followed by a bellman pushing her luggage on a cart. As they approached her car, the bellman said excuse me so that he could get closer to the car, and the woman backed up without looking behind her. While backing up, she fell over a fire hydrant and hit the sidewalk causing her injuries. The woman then sued the hotel.
At her deposition, the woman explained that she didn't observe the fire hydrant before her accident because it was noon, and there were a lot of people on the sidewalk in front of the hotel. The hotel attorneys asked the court to dismiss the case.
The court agreed with the hotel stating, “since the reason why she didn't observe it prior to her accident was because she admittedly failed to turn around and look where she was going each time that she backed up.” The judge noted that “the only conclusion which a reasonable fact-finder could find on this record is that [the woman] caused her accident by failing to turn around and observe the pole and hydrant before she backed up into it and fell.
Here is the case: