Plant v. Howard Johnson's Motor Lodge, 294 Co.

ON PETITION TO TRANSFER

Transfer denied.

I dissent to the majority's denial of transfer brought by Defendants-Appellees Howard Johnson's Motor Lodge. While I agree that entry of summary judgment by the trial court was inappropriate because of the particular facts of this case, I am disturbed by the holding of the Court of Appeals.

The Legislature has addressed an innkeeper's liability for the property of its guests. Ind. Code Ann. § 32-8-28-2 (Burns Supp.1987). I agree with the Court of Appeals that this statute does not apply in the instant case since the statute is directed to property brought…