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Howard v. Accor Management US, Inc.

Case Details and Video Transcript:

Filed 3/13/24; Certified for Publication 4/3/24 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

MONIQUE HOWARD,

Plaintiff and Appellant,

v.

ACCOR MANAGEMENT US,

INC.,

Defendant and Respondent.

B320603

Los Angeles County

Super. Ct. No. 19ST

This case involved claims of general negligence and premises liability by the plaintiff, Monique Howard, when she was allegedly injured by a broken showerhead in her hotel room, operated by defendant Accor Management US. The plaintiff claimed that the handheld showerhead fell apart on its own, lacerating her and causing her to fall. 

The Court of Appeal affirmed the trial court’s grant of summary judgement against the plaintiff. Of importance in its opinion was the finding relating to the plaintiff’s theory of res ipsa loquitor. The Court emphasized that this theory was only applicable to show negligence when there was evidence and not just mere speculation that it was more likely than not that the defendant was negligent. 

The Court reasoned that because the plaintiff failed to present any admissible evidence, not mere speculation, that all three elements of the doctrine were satisfied, summary judgment had been properly granted in favor of the defendant.

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