Confidential
Settlement – $1,399,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Dawn M. Smith
(Smith Clinesmith LLP)
Defendant
Randall L. Brownwood
(Santa Cruz, Brownwood & Cannon)
Paul H. Burleigh
(Klinedinst PC)
Experts
Plaintiff
H. Joel Biggs
(technical)
Facts
On Sep. 21, 2003, at about 1:30 a.m., the plaintiff, Michael Thayer, a 21-year-old junior college student, arrived at the defendant Quality Inn Airport Hotel to visit with some friends who had rented a room on the fifth floor of the hotel the day before. Earlier on the evening of Sep. 20, the plaintiff and his friends had all attended a local party close to the hotel. At the party, the plaintiff consumed alcohol and there was testimony that alcohol and marijuana was present at the party. The friends arranged to go to the hotel room after the party. About six others were in the room when the plaintiff arrived there a 1:30 the morning of Sep. 21. Shortly after arriving, the plaintiff removed his shirt and sat on the windowsill of the room's open window. The window had been opened before the plaintiff's arrival. Shortly after sitting in the windowsill, the plaintiff fell backward out of the window, falling about 30 feet and landing on the lobby roof below. The plaintiff was rushed by ambulance to UC San Diego Medical Center and remained in a coma for three weeks. At the time of the incident, the plaintiff's blood alcohol level was over twice the legal limit for driving.
Settlement Discussions
The plaintiff obtained a policy limits settlement of $1 million from Quality Inn Airport and obtained $399,000 from Choice Hotels International after its motion for summary judgment was denied. Choice Hotels International offered nothing in the case and moved for summary judgment claiming as the franchiser, they had no control nor ownership of the hotel or its rooms. After summary judgment was denied, the settlement was obtained. Choice Hotels settled on its cross-complaint with Quality Inn Airport for $250,000.
Injuries
The plaintiff suffered a broken hand, shoulder and ribs. He also suffered eye damage. The plaintiff was in a coma for three weeks and was hospitalized for three months following the fall. He was released from the hospital in January 2004 and has returned to school.
Other Information
The franchisor Choice Hotels International offered nothing in the case and moved for summary judgment claiming as the franchisor they had no control nor ownership of the hotel or its rooms. After summary judgment was denied, the settlement was obtained.
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