Sunday, November 24, 2013

Murphy v. Holiday Inns, Inc. case brief

Murphy v. Holiday Inns, Inc. case brief summary
219 S.E.2d 874 (1975)


CASE SYNOPSIS
Plaintiff sought relief from the decision by the Circuit Court of Henrico County (Virginia), which entered summary judgment in favor of defendant in regard to plaintiff's negligence action.

CASE FACTS
Plaintiff, guest at hotel, sought relief from the trial court's decision entering summary judgment in favor of defendant, corporation, based on its relationship with regard to the operator of franchise's premises. Plaintiff had fallen on franchise's premises and filed an action alleging negligent maintenance. Defendant filed for summary judgment on the grounds that it had no relationship with regard to the operator of the premises other than a license agreement.

DISCUSSION

  • The court held that facts determinative of the question of actual agency were those contained in the license agreement. 
  • The trial court did not exceed its authority in granting summary judgment since the license agreement gave defendant no control or right to control the methods or details of doing the work and, therefore, the reviewing court held that no principal-agent or master-servant relationship was created; thus, summary judgment was proper.

CONCLUSION
Summary judgment in favor of defendant was affirmed because the license agreement gave defendant no control or right to control the methods or details of doing the work and, therefore, the reviewing court held that no principal-agent or master-servant relationship was created.


Recommended Supplements for Corporations and Business Associations Law

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.