Pickett v. Marriott International, Inc., 8:15-cv-01083

Plaintiff Kenneth Pickett fell into an approximately two‑foot‑deep hole concealed by long grass while walking from a barricaded motorcycle parking area to the Greenbelt Marriott Hotel entrance on June 24, 2012.
The barricades directed motorcycles to park in an area that required guests to cross a grassy egress route; plaintiff’s companion crossed the same grass without incident.
Brickman provided landscaping services for the Hotel; Marriott defendants owned/operated the Hotel and set up/managed the barricaded parking.
Plaintiff alleges defendants either created the hole or had actual or constructive notice and failed to fill the hole or warn invitees.
Marriott had routine inspection policies for hotel property, but there is no evidence those inspections specifically covered the barricaded motorcycle parking area or the grassy egress route where the hole was located.
Plaintiff also sought spoliation sanctions against Brickman for allegedly failing to preserve personnel records; the court denied sanctions for lack of showing of a culpable state of mind.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendants had actual or constructive notice of the hole	Pickett: hole was on defendants’ property, accessible only to their personnel/contractors, and overgrown grass indicates lack of care — so defendants created or should have discovered it	Defendants: no witness or evidence of prior knowledge or duration; inspections occurred routinely and hole was not discoverable by visual inspection	Denied summary judgment — reasonable jury could find constructive notice given location on mandated pedestrian route and lack of evidence inspections covered that area
Whether spoliation sanctions against Brickman are warranted	Pickett: Brickman failed to preserve relevant records, warranting sanctions	Brickman (implicit): no willful destruction shown; records not proven to be knowingly relevant	Denied — plaintiff failed to show Brickman acted with the requisite culpable state of mind for spoliation sanctions

Valentine v. On Target, Inc., 353 Md. 544 (1999) (elements of negligence under Maryland law)
Henley v. Prince George’s County, 305 Md. 320 (1986) (occupier’s duty to invitees to keep premises safe)
Rawls v. Hochschild, Kohn & Co., 207 Md. 113 (1955) (constructive notice doctrine and owner’s duty)
Rehn v. Westfield Am., 153 Md. App. 586 (2003) (burden to show proprietor had actual or constructive knowledge)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard)
Silvestri v. Gen. Motors Corp., 271 F.3d 583 (4th Cir. 2001) (definition and sanction standards for spoliation)