On October 21, 1994, Mr. John Frederick and his wife opal were visiting Washington d. c., and they checked into the econolodge on New York Avenue for the night. In the very early morning hours of October 22, 1994, Mr. Frederick passed through the lobby on his way out to the garage. He spoke with the security guard on duty, Mr. Henry Gilmore, who was sitting in the lobby. Mr. Frederick then proceeded outside to the garage. When he got to his car, there was a light shining from underneath the car, and when he bent down to look under the car he was struck in the face and robbed. Mr. Frederick suffered massive facial trauma from the attack and recently has passed away. Plaintiffs have provided evidence that two elderly patrons of the econolodge were attacked in the econolodge garage approximately six month before Mr. Frederick was attacked. The plaintiffs contend that the econolodge is located in a high crime area and that a number of other attacks had taken place in the vicinity in the months prior to the attack on Mr. Frederick. Finally, it is established that the guards worked long shifts at the hotel; on the morning Mr. Frederick was attacked. Mr. Gilmore was nearing the end of a 14-hour shift.

Was the hotel negligent?