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Hyatt Corp. v. Cook

Hotel was not liable for plaintiff's arrest by the off-duty police officer it hired to provide security on New Year's Eve, since it did not instruct the officer on how to fulfill his security duties.

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Hyatt Corporation appeals the denial of its motion for summary judgment in Cook’s suit alleging a number of tort claims arising from Cook’s arrest by Officer Thran for disorderly conduct.1 The arrest occurred in the Savannah Hyatt during the 1993 New Year’s Eve festivities for which Officer Thran had been retained by the Hyatt for security.

The standards applicable to motions for summary judgment are announced in Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991. When ruling on a motion for summary judgment, the opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Moore v. Goldome Credit Corp., 187 Ga. App. 594, 596 370 SE2d 843 1988. Further, this court conducts a de novo review of the law and the evidence. Desai v. Silver Dollar City, Inc., 229 Ga. App. 160, 1631 493 SE2d 540 1997.

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