Duval v. OM HOSPITALITY, LLC

STROUD, Judge.

Plaintiff filed a complaint on 25 October 2005 against defendants OM Hospitality, LLC, d/b/a Days Inn (“OMH”) and Days Inn Worldwide, Inc. 1 (“Day’s Inn”) alleging a claim for personal injury based upon defendant OMH’s negligence. Defendant OMH filed a motion for summary judgment on 8 June 2006 which was denied as to defendant’s actionable negligence and allowed as to plaintiff’s contributory negligence on 27 June 2006. Plaintiff and defendant OMH appeal.

I. Background

On 26 October 2002, plaintiff and her husband were guests at a Days Inn motel.(“motel”). At about 6:30 a.m., they…