On August 3, Maggie and Carol had been driving for nine hours and decided they needed to stop at the next motel to get some sleep before their journey. Ten minutes later, they saw the Walking Dead Motel. They stopped and registered for a room. Another motel guest, Hershel, was eating at the restaurant across the street. Later that night while Hershel was in his room, he opened the bedroom window and went to sleep. The motel had a "Park & Fly" package that provided one night of lodging to individuals, provided a shuttle service to Transylvania Airport, and allowed individuals to keep a vehicle on the hotel's parking lot for up to three weeks.The day before Maggie and Carol stopped at the motel, Spencer and Deanna had checked into their room, taking advantage of the motel's "Park & Fly" package.

During the night, a prowler named Rick pried open the screen, entered the room, and stole Hershel's property.Rick also stole Spencer and Deanna's car. When Spencer and Deanna returned from their vacation onAugust 26, they discovered that their vehicle was stolen.Spencer and Deanna sued the motel, contending that a special relationship of an in keeper and guest had been created by the Park & Fly marketing package, that the motel's knowledge of criminal activity on its parking lot created a duty to warn them, and that the motel failed to warn them.

Could Spencer and Deanna recover damages and what status did they have with the motel regarding the protection of their vehicle after boarding the plan on their vacation trip? Was there a bailment for the vehicle based on the Park & Fly marketing package?