Ramírez v. Hotel Condado Corp.
Ramírez v. Hotel Condado Corp.
Opinion of the Court
delivered the opinion of the Court.
During 1942 the Hotel Condado Corporation rented to the corporation Casino de Puerto Rico that part of the Con-dado Hotel known as “Salón de las Conchas”, with its galleries. The lease provided that the tenant would have exclusive use of the adjoining terrace and the ladies’ room when the Casino held parties which did not conflict with the activities of the hotel.
On April 10, 1942 the plaintiff and his wife attended a bingo game in the Salón of the Casino. They departed between 10 and 11 p.m. by means of a stairway leading from the Salón to a patio on the grounds of the hotel. While the plaintiff and his wife were descending this stairway, the latter lost her footing due to a defect in one of the steps, fell and was injured. The plaintiff sued the hotel corporation and the Maryland Casualty Co. and recovered $4,000 for the injuries to his wife, $540 for medical expenses and $450 for attorney’s fees.
On appeal, the defendants assign four errors. In the third and fourth errors the defendants assert that the plaintiff and his wife were contributorily negligent and that the damages awarded were excessive. We deem it unneccessary to discuss these errors in detail. The record contains ample justification of the findings of the lower court in both respects.
The defendants concede that the stairway was defective and that it was the duty of the hotel corporation to repair it. But the latter argues that it was not liable in the absence of notice from its tenant of the defect in the stairway.
The judgment of the district court will be affirmed.
There was some testimony that the hotel corporation, or some of its employees, were notified informally, or at least knew, of the defect. The district court found there was sufficient notiee. However, we assume, without deciding, that there was no such notice.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.