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SMITH v. BEST WESTERN NEW TOWER INN

No. 00-1820.

238 F.3d 998 (2001)

Marion Nolan SMITH, individually and as next friend and natural guardian; Steven Norris Smith, individually and as next friend and natural guardian; Sean Patrick Smith, a minor child by and through his natural parents, Plaintiffs-Appellees, v. BEST WESTERN NEW TOWER INN, also known as New Tower Hotel Courts, Inc., Defendant, Best Western International, also known as Best Western, Inc., a Corporation, Defendant-Appellant, Frank Blazek, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: January 29, 2001.

Attorney(s) appearing for the Case

James T. Ferrini, argued, Chicago, IL (Dominick W. Savaiano, Edward M. Kay, Paul Bozych, on the brief), for appellant.

Paul W. Madgett, argued, Omaha, NE (Daniel B. Cullan, on the brief), for appellee.

BEFORE: LOKEN, HEANEY, and FAGG, Circuit Judges.

PER CURIAM.

Sean Patrick Smith, a minor, suffered brain atrophy after he nearly drowned in the swimming pool at the Best Western New Tower Inn (the Inn), an independently owned and operated affiliate of Best Western International (BWI). Smith's parents brought this diversity action against the Inn and BWI for negligence, breach of implied warranty, and negligent infliction of emotional distress. During the jury trial, the Inn and the Smiths entered into a high-low...

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