Haynes-Garrett v. DunnAnnotate this Case
The Supreme Court affirmed the judgment of the circuit court striking Plaintiff’s evidence at the trial of her personal injury action against Defendants, holding that the circuit court did not err in ruling that Defendants only owed a duty of care to Plaintiff commensurate with the duty a landlord owes its tenant.
Plaintiff rented Defendants’ vacation rental house for her family’s one-week vacation at Virginia Beach. Plaintiff alleged in her complaint that Defendants were negligent because they failed to maintain the house’s floors in a safe and fit condition and failed to warn her of the dangerous condition that caused her to fall. At the conclusion of Plaintiff’s evidence Defendants moved to strike her evidence and enter judgment for Defendants. The circuit court granted the motion on the grounds that Defendants only owed Plaintiff a duty of care commensurate with that of landlord and tenant. The court then entered judgment in Defendants’ favor. The Supreme Court affirmed, holding that Defendants did not owe Plaintiff the elevated duty of care that an innkeeper owes its guest but rather, under the evidence presented by Plaintiff, Defendants only owed Plaintiff the duty of care that a landlord owes its tenant.