Daniel v. Days Inn of America, Inc.

I respectfully dissent from the judgment reached by Chief Judge Sanders and Judge Cureton. In my view, no breach of any duty owed by the respondents Days Inn of America, Inc., and Nadia, Inc., proximately caused the appellant Elizabeth Daniel’s injuries and damages.

Judge Cureton writes that “a discussion of the [mjotel’s duty to [Mrs.] Daniel is inappropriate ... for the reason that the trial judge rejected that argument in granting summary judgment and no issue has been taken with that ruling.” I believe, however, that , discussion of the motel’s duty to Mrs. Daniel to protect her from…