(Download) "Burnham v. Humphrey Hospitality Reit Trust" by Arizona Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Burnham v. Humphrey Hospitality Reit Trust
- Author : Arizona Court of Appeals
- Release Date : January 04, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Plaintiff-Appellant Mary Burnham was injured in a shower at the Super 8 Motel in Park City, Kansas. Defendants-Appellees Humphrey Hospitality Trust, Inc., et al., moved to dismiss, arguing that the statute of limitations for negligence barred the suit. The District Court granted the Defendants motion to dismiss. Ms. Burnham timely appeals, claiming that under Kansas law she had commenced this suit prior to the running of the statute of limitations for a negligence claim or alternatively that her complaint sounds in contract as well as tort and therefore the statute of limitations for a contract claim should apply. Defendants moved this Court to dismiss the appeal for the untimely filing of Ms. Burnhams opening brief. We take jurisdiction under 28 U.S.C. § 1291, DENY Defendants motion to dismiss the appeal, AFFIRM the District Courts ruling, and ORDER Ms. Burnhams counsel, John Mac Hays, to SHOW CAUSE why we should not sanction him for making "a false statement of material fact . . . to a tribunal." Kan. Sup. Ct. R. 226, R. Prof. Conduct 3.3(a)(1).
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