Summary Judgment Affirmed for Franchisor of Hotel in Premises Liability Rape/Assault

The Court of Appeals affirmed Fulton State Court Judge Brenda Cole’s grant of summary judgment to the hotel entities on claims by plaintiff for her injuries arising out of an attack at the front desk in which she was raped, robbed, and burned by the assailant. The Court held that both Hilton and Hampton Inn established that nothing in the record indicated that they undertook a duty, by contract or otherwise, to control the renovations at the hotel or to ensure that they were done properly, and plaintiff failed to establish that either entity was directly liable to her. Similarly, the Court found that plaintiff failed to establish that Hilton or Hampton Inn could be vicariously liable for any negligence on the part of the franchisee as they were not parties to the franchise agreement. As the franchisor was not timely or properly added as a defendant within the statute of limitations, it also was entitled to judgment as a matter of law.

Candace Matson v. Hampton Inns, Inc. & Hilton Hotels Corporation, et al., 288 Ga. App. 650, 655 S.E.2d 275 (2007).

Counsel for Defendant hotel/ franchisor entities: Lynn Roberson