Ippolito v. Hospitality Management Associates

While traveling from Florida to Connecticut, Mr. and Mrs. Ipppolito stopped in Walterboro, South Carolina and paid for a room at a Holiday Inn. At the hotel, Mr. Ippolito signed a registration card on which was written, "The management is not responsible for any valuables not secured in safety deposit boxes provided at the front office." In addition to the language on the registration card, notice that the hotel had safety deposit boxes available for guests' valuables was also printed on the pouch that enclosed the key-card to the Ippolitos' room.

After bringing their luggage to the room, the Ippolitos walked to a nearby restaurant, and they returned approximately forty minutes later. Upon their return, they noticed that pieces of their luggage, which contained jewelry valued at over $500,000 and approximately $8,000 in cash, were missing.

The Ippolitos sued Innkeeper, alleging their property loss resulted from " . . . the negligence, gross negligence, reckless, willful, wanton and careless action . . ." of Innkeeper, including ". . . failing to post proper notices as required under South Carolina law." In its answer, Innkeeper generally denied the allegations and argued, inter alia, that its liability was limited or eliminated because it complied with South Carolina's "Innkeepers' Statute," which limits an innkeeper's liability for guests' loss of property where the Innkeeper provides "conspicuous notice" that safety deposit boxes are available for the guests' use.

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full text of the Court's opinion.

Affirmed in favor of plaintiffs for $210,000.

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C.L.