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Torts Keyed to Duncan
La Quinta Inns, Inc. v. Leech
Citation:
289 Ga.App. 812, 658 S.E.2d 637 (2008)Facts
John Leech was living in 322 room at the La Quinta Inn for about six months following a separation from his wife (plaintiff). Following a dinner with his girlfriend, his daughter Ashely, his son James, and his long-time friend John Rivera, Mr. Leech returned to the hotel and spoke with the La Quinta Inn employee at the front desk, Linda Cotton (defendant), about booking a room for for Rivera. At 1:05 a.m., James and Rivera entered the La Quinta Inn and asked Cotton for Mr. Leech’s room number. She would not disclose the number but called Mr. Leech in both the rooms he had booked. He answered in room 721, the room he had just booked for Rivera, and said he would call James. On the phone with his son, Mr. Leech began apologizing and said that he was going to hurt himself. James told Cotton to give them the room number and to call the police, and when she did not do so quickly, he yelled at her. Mr. Leech overheard the yelling, said it would be over before James got to the room, and ended the call. Cotton called the police at 1:27 a.m., they arrived at 1:34 a.m., and after a delay Cotton told them that Mr. Leech was in either room 322 or 721. The police went to room 322 while James went to room 721. Upon hearing his father speaking, James knocked and then kicked down the door. The room was empty and through the open window he saw his father’s body. The plaintiff sued Linda Cotton for negligently failing to timely intervene and prevent Mr. Leech’s death, and she sued La Quinta Inns, Inc., La QQ Management, LLC, and La Quinta Corporation (defendants) for negligently failing to provide adequate staffing and safety standards and training. The defendants moved for summary judgment.
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Topic Resources
Topic Outline
NegligenceTopic Refresher Course
Negligence Forseeable-Proximate CauseTopic Charts & Notes
Intervening Causes