Parker v. Holiday Hospitality Franchising, Inc.Annotate this Case
Greg Parker was injured when the shower bench in a hotel where he and his wife were staying collapsed while he was seated on it. The Parkers filed a personal injury suit against Defendant, the owner and operator of the hotel. Defendant raised a comparative fault defense, claiming that D & S Builders, LLC negligently constructed or installed the shower bench. The trial court granted Defendant’s motion for summary judgment after concluding that property owners are generally not liable for an independent contractor’s negligence unless the property owner had actual or constructive notice of it. The court of appeals reversed, concluding that disputes of material fact remained as to whether Defendant had constructive notice of the defective installation of the shower bench. The Supreme Court reinstated the judgment of the trial court, holding (1) the undisputed facts did not establish any exception to the general rule that property owners are not vicariously liable for the negligence of independent contractors; and (2) the undisputed facts established that Defendant had neither actual nor constructive notice of the defective shower bench installation.