Allen v. Hyatt Regency-Nashville Hotel

Facts

Appellant is the owner and operator of a modern high-rise hotel in Nashville fronting on the south side of Union Street. On February 12, 1981, appellee’s husband accompanied by two passengers, drove appellee’s new 1981 automobile into the parking garage. They did not intend to register at the hotel as a guest. Appellee’s husband entered the garage at the street level and took a ticket which was automatically dispensed by the machine. He parked the vehicle, locked it, retained the ignition key and left the garage. When he returned several hours later, the car was gone, and it has never been recovered. He then reported the theft to security personnel by appellant. The guard told him that he closed his office and went up into the garage to investigate, but reported that he did not find anything unusual. The parking ticket states that charges are made for the use of parking space only and that appellant assumes no responsibility for loss through theft, collision, or otherwise to the car.