Statement of Facts: Potential Negligence Claim against the Yellow Jacket Inn
To: Adam Starr
From: Alexandria Warner
Date: October 4, 2011
Re: Potential negligence claim against the Yellow Jacket Inn
Statement of Facts
Last weekend a group of Georgia Tech alumni stayed at the Yellow Jacket Inn in Atlanta to attend the Georgia Tech-Vanderbilt football. After the game one of the alumni walked into his room and saw an intruder inside stealing his clothes and going through his personal items. The intruder physically attacked the alumni and stole his wallet. The alumni was left with a bloody nose, black eye, and a broken wrist.
This is the first time a guest has been attacked in their room or had anything stolen from their room at the Yellow Jacket Inn since it opened in 2000. However, this is not the first time an incident has occurred on their property. On previous occasions, vandals had broken into three or four cars and stolen stereos and loose change. On another occasion guests were mugged walking around the outskirts of the parking lot, but no one was injured. Also, a thief broke into an unoccupied storage closet and stole towels and shampoo. The owner believes that none of these incidents have occurred during a Georgia Tech football game, but may have occurred during a Georgia Tech baseball game.
You asked for my opinion as to whether the Georgia Tech alumni can prove the owner of the Yellow Jacket Inn for negligently failing to exercise ordinary care to keep the premises and points of access safe.
Issue Statement
Under O.C.G.A. § 51-3-1, does the Georgia Tech alumni have sufficient evidence to prove that the owner of the Yellow Jacket Inn failed to exercise ordinary care to keep the premises and points of access safe when (1) three or four cars were vandalized where stereos and loose change were stolen from the cars, (2) guests were mugged on the outskirts of the Yellow Jacket Inn parking lot, and (3) an unoccupied storage closest was broken into and had towels and shampoo stolen from it?
Brief Answer
From: Alexandria Warner
Date: October 4, 2011
Re: Potential negligence claim against the Yellow Jacket Inn
Statement of Facts
Last weekend a group of Georgia Tech alumni stayed at the Yellow Jacket Inn in Atlanta to attend the Georgia Tech-Vanderbilt football. After the game one of the alumni walked into his room and saw an intruder inside stealing his clothes and going through his personal items. The intruder physically attacked the alumni and stole his wallet. The alumni was left with a bloody nose, black eye, and a broken wrist.
This is the first time a guest has been attacked in their room or had anything stolen from their room at the Yellow Jacket Inn since it opened in 2000. However, this is not the first time an incident has occurred on their property. On previous occasions, vandals had broken into three or four cars and stolen stereos and loose change. On another occasion guests were mugged walking around the outskirts of the parking lot, but no one was injured. Also, a thief broke into an unoccupied storage closet and stole towels and shampoo. The owner believes that none of these incidents have occurred during a Georgia Tech football game, but may have occurred during a Georgia Tech baseball game.
You asked for my opinion as to whether the Georgia Tech alumni can prove the owner of the Yellow Jacket Inn for negligently failing to exercise ordinary care to keep the premises and points of access safe.
Issue Statement
Under O.C.G.A. § 51-3-1, does the Georgia Tech alumni have sufficient evidence to prove that the owner of the Yellow Jacket Inn failed to exercise ordinary care to keep the premises and points of access safe when (1) three or four cars were vandalized where stereos and loose change were stolen from the cars, (2) guests were mugged on the outskirts of the Yellow Jacket Inn parking lot, and (3) an unoccupied storage closest was broken into and had towels and shampoo stolen from it?
Brief Answer