PATRICK MCMURTRY, as personal representative of the ESTATE OF TONI L. LUCARIO, and as the natural parent of and on behalf of TEAL MCMURTRY; QUINN MCMURTRY; and JAKE MCMURTRY, surviving children of TONI L. LUCARIO, Plaintiffs/Appellants, v. WEATHERFORD HOTEL, INC.; HENRY D. TAYLOR; PAMELA S. GREEN-TAYLOR, Defendants/Appellees., 231 Ariz. 244

Summary

The trial court erred by granting the hotel summary judgment on the guest's dram shop liability claim under Ariz. Rev. Stat. § 4-311 (Supp. 2009) because a material fact issue existed as to whether the hotel used reasonable care in escorting the guest to her room given the hazard allegedly posed by the window/balcony configuration. The court could not conclude as a matter of law that the hotel was absolved of liability simply by escorting the guest to her room.