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ALLEN v. GREENVILLE HOTEL PARTNERS, INC.

Nos. C.A.6:04-2327-HMH, C.A.6:04-1260-HMH, C.A.6:04-2328-HMH.

409 F.Supp.2d 672 (2006)

Elsie Marie ALLEN, as Personal Representative of the Estate of Donna Lea Swaim, Plaintiff, v. GREENVILLE HOTEL PARTNERS, INC., and R.G. Hospitality, LLC, and Ronald Gedda, and Choice Hotels International, Inc., and R.G. Properties, LLC, Defendants. Kieth Barfield, as Personal Representative of the Estate of Allison Barfield Plaintiff, v. Choice Hotels International, Inc., R.G. Hospitality, LLC, Greenville Hotel Partners Inc., Ronald Gedda, and R.G. Properties, LLC, Defendants. William E. Harrell, Jr., Plaintiff, v. Greenville Hotel Partners, Inc., and R.G. Hospitality, LLC, and Ronald Gedda, and Choice Hotels International, Inc., and R.G. Properties, LLC, Defendants.

United States District Court, D. South Carolina, Greenville Division.

January 12, 2006.

Attorney(s) appearing for the Case

Robert P. Foster, Greenville, SC, Michael Bruce Sayre, San Diego, CA, for Plaintiff.

Phillip Earl Reeves, Ryan Spence Montgomery, Gallivan White and Boyd, Brooke Chapman, James Thomas Hewitt, Leatherwood Walker Todd and Mann, Greenville, SC, William Layton Duncan, Butler Means Evans and Browne, Spartanburg, SC, Jeremiah A. Byrne, John R Crockett, III, Frost Brown and Todd, Louisville, KY, J. Andrew Delaney, Grenville Delorme Morgan, Jr., McAngus Goudelock and Courie, Columbia, SC, for Defendants.

OPINION & ORDER

HERLONG, District Judge.

This matter is before the court on Choice Hotels International, Inc.'s ("Choice") motion for summary judgment. For the reasons stated below, the court grants Choice's motion for summary judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

These cases concern a fire which occurred in the early morning hours of January 25, 2004, at the Comfort Inn and Suites located at 831 Congaree Road in

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