Properties

Brief

Allen v. Hyatt Regency-Nashville Hotel

Procedural History:

• Lower courts ruled in favor of Plaintiff.
• Defendant Appeals
• Affirmed for Plaintiff Allen

Facts:

• Mr. Allen drove his new car on Feb. 12, 1981 into the parking garage.
• Neither Mr. Allen nor the passengers were or planned to be guest at the hotel.
• Single entrance control by a ticket machine.
• Single exit controlled by an attendant in a booth.
• Mr. Allen parked his car on the fourth floor, locked his car, took the keys and left.
• Returned several hours later to find his car was gone.
• Attendants claim around 9:30 a lady called to say someone was tampering with a car in the garage. When the attendants went to check it out they found nothing.
• The tickets dispensed when entering are used solely to calculate how long a car is parked there and in no way identifies the driver or the car.

Issue:

• Was a bailment established between the car owner and the parking garage?

Holding:

• Yes. Affirmed. A bailment for hire had been created, and that upon proof of non-delivery the plaintiff was entitled to the statutory presumption of negligence. The operator of the parking garage does assume control and custody of the vehicles parked, limiting access thereto and requiring the presentation of a ticket upon exit.