Cengage Advantage Books: Fundamentals of Business Law Today 10th Edition by Roger LeRoy Miller

Exercise 16

Negligence. In Flagstaff, Arizona, in Room 59 at the Weatherford Hotel, a balcony extends across thirty inches of the room's only window, leaving a twelve-inch gap with a three-story drop to the concrete below. A sign prohibits smoking in the room but invites guests to "step out onto the balcony" to smoke. Toni Lucario was a guest in Room 59 when she climbed out of the window and fell to her death. Patrick McMurtry, her estate's personal representative, filed a suit against the Weatherford. Did the hotel breach a duty of care to Locario? What might the Weatherford assert in its defense? Explain. [ McMurtry v. Weatherford Hotel, Inc., 231 Ariz. 244, 293 P.3d 520 (2013)] (See Intentional Torts against Property.)