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O'Malley v. Hospitality Staffing Solutions

California Court of Appeal

20 Cal. App. 5th 21 (2018)

Facts

Priscilla O’Malley checked into a hotel at which she and her husband Michael O’Malley (the O’Malleys) (plaintiffs) had time-share privileges. Unable to reach Priscilla, Michael asked the clerk to send someone to check on her. The clerk sent Saul Ramos, a maintenance worker employed by Hospital Staffing Solutions LLC (HSS) (defendant). The clerk maintained she told Ramos to knock, open the door, look in, and see if Priscilla was there. Ramos said the clerk told him to go to the room and see if Priscilla was there. Ramos claimed he knocked on the door, opened it, stepped in, saw the lights were off, asked if anyone was there, and reported that no one was in the room. Michael continued to get no answer, drove to the hotel, saw bedroom and bathroom lights on, heard labored breathing, and found Priscilla on the floor. Priscilla had suffered a brain aneurysm and would have had milder injuries if treated sooner. The O’Malleys sued HSS for negligence. The court granted summary judgment to HSS, finding no duty of care to the O’Malleys. The O’Malleys appealed, arguing that Ramos had a duty under the negligent-undertaking theory of liability.

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Holding and Reasoning (Moore, J.)

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