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Appeals court clears hotel in guest's death outside

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The family of a hotel guest who died after falling and hitting his head outside on a cold night may not proceed with a wrongful death suit against the hotel, the Court of Appeals held in a ruling Tuesday.

The court affirmed a Marion Superior Court ruling that granted summary judgment to the defendants in The Estate of K. David Short by Judith Y. Short, Personal Representative v. Brookville Crossing 4060 LLC d/b/a Baymont Inns & Suites and MPH Hotels, Inc. d/b/a Baymont Inns & Suites, 49A02-1112-CT-1128.

The estate of David Short sued the hospital after Short, a guest at Baymont Inn & Suites in Indianapolis, left through a side door at some point after 11:15 p.m. when only a night auditor was working at the hotel.

At about 3:20 a.m., Short returned to the side door. Security video showed Short appeared to fumble with his key card before collapsing and hitting his head on a wall. He went undiscovered until a maintenance worker arrived at about 7 a.m., and he was pronounced dead at 7:38 a.m.

Short’s cause of death was determined to be complications of acute alcohol intoxication and atherosclerotic coronary artery disease.

The estate argued that an innkeeper has a duty to aid and protect guests after it knows or has reason to know they are ill or injured.

“We conclude that Baymont did not have reason to know of Short’s peril and thus the court did not err in granting its motion for summary judgment,” Judge Elaine Brown wrote in the unanimous opinion.

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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