349 Ga. App. 338
Ga. Ct. App.2019Background
- In Feb. 2014 Dean Sheaffer, a guest at the Renaissance Concourse Hotel, awoke with stroke symptoms, collapsed, and called the hotel internal operator (0) and an internal emergency number (66); no one answered, so he called 911 and EMTs were dispatched.
- EMTs initially could not access the room because the front desk was unmanned, but eventually Sheaffer let them in; he was later diagnosed with an ischemic stroke.
- The Sheaffers sued Marriott (alleging ownership/control of the Hotel) for negligence and loss of consortium, claiming the Hotel’s failure to answer calls and staff the desk worsened his injury.
- Marriott moved for dismissal/summary judgment arguing innkeepers owe no duty to rescue or monitor guests and that it did not voluntarily assume such a duty; the trial court treated the motion as one for summary judgment.
- The trial court granted summary judgment for Marriott, finding no duty to rescue or duty arising from any voluntary undertaking or from Marriott’s internal Business Conduct Guide; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether hotel owed a duty to rescue or monitor guest in medical emergency | Sheaffer: hotel had duty to answer emergency line and staff front desk to ensure prompt aid | Marriott: no duty to rescue/monitor; it did not cause the emergency | Held: No duty to rescue/monitor where defendant did not cause peril (summary judgment affirmed) |
| Whether hotel voluntarily undertook a duty to staff emergency line or front desk | Sheaffer: hotel assumed duty by providing an internal emergency number and safety policies | Marriott: no evidence hotel promised continuous monitoring or staffing; policies are internal and not an undertaking | Held: No evidence of a voluntary undertaking; pleadings alone insufficient to create triable issue |
| Whether internal policy/Business Conduct Guide created a legal duty | Sheaffer: guide’s safety language created expectation and duty to protect guests | Marriott: internal policy does not impose legal duty to staff phones or desks at all times | Held: Internal policy did not create a legal duty or triable fact issue |
| Whether spouse’s loss of consortium claim survives summary judgment | Mrs. Sheaffer: consortium claim based on husband’s alleged injury from hotel negligence | Marriott: if negligence claim fails, consortium claim fails too | Held: Consortium claim dismissed because principal negligence claim fails |
Key Cases Cited
- Rasnick v. Krishna Hosp., 289 Ga. 565 (2011) (no duty to rescue when defendant did not cause the peril)
- Boller v. Robert W. Woodruff Arts Center, Inc., 311 Ga. App. 693 (2011) (no duty to provide emergency medical services absent legal duty)
- Rymer v. Polo and County Club Homeowners Assn., Inc., 335 Ga. App. 167 (2016) (liability for negligent performance of voluntary undertaking)
- Osowski v. Smith, 262 Ga. App. 538 (2003) (voluntary undertaking principle requires evidence of assumed duty and reasonable reliance)
- Doe v. HGI Realty, Inc., 254 Ga. App. 181 (2002) (security manual did not create triable issue that guards undertook responsibility for store security)
- Holloway v. Northside Hosp., 230 Ga. App. 371 (1998) (loss of consortium depends on viability of underlying tort claim)
- Thorpe v. Sterling Equip. Co., 315 Ga. App. 909 (2012) (summary judgment burden and proof standards)
- Ford Motor Co. v. Reese, 300 Ga. App. 82 (2009) (no negligence without a legal duty)
- Bashlor v. Walker, 303 Ga. App. 478 (2010) (nonmovant cannot rely on pleadings to defeat summary judgment)