Legal Opinion · Concurring in part, dissenting in part

Groh v. Westin Operator, LLC

Colorado Court of Appeals

Decided March 28, 2013No. Court of Appeals No. 11CA0363Published

1Concurring in part, dissenting in part

JUDGE FURMAN

concurring in part and dissenting in part.

156 I respectfully dissent from that portion of the majority's opinion that reverses the district court's grant of summary judgment. In all other respects, I concur.

57 The majority holds that a hotel has a duty to act reasonably in evicting a guest. I take no issue with such a premise. In adopting Groh's arguments, however, the majority concludes that it is proper to reverse summary judgment in this case because the Wes-tin acted unreasonably during the eviction, which was, therefore, a contributory cause of Groh's injuries. In my opinion,…

2Cases cited28 opinions

  1. Continental Air Lines, Inc. v. KeenanSupreme Court of Colorado · 1987
  2. University of Denver v. WhitlockSupreme Court of Colorado · 1987
  3. Lombard v. Colorado Outdoor Education Center, Inc.Supreme Court of Colorado · 2008
  4. Mostert v. CBL & AssociatesWyoming Supreme Court · 1987
  5. Casebolt ex rel. Casebolt v. CowanSupreme Court of Colorado · 1992

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API