SANTA ANA, Calif., March 14, 2017 /PRNewswire/ -- Holiday Inn has asked a California court to dismiss the case of a rape victim where the hotel receptionist gave a key to a sexual predator and where hotel cameras recorded that action as well as the perpetrator fleeing the victim's room partially unclothed, according to Callahan & Blaine.
The lawsuit filed on behalf of the rape victim by the Santa Ana-based personal injury law firm claims that the perpetrator, who was noticeably intoxicated from drugs and alcohol, propositioned the receptionist for sex in exchange for $100 before asking for a replacement key for "his" room. The receptionist did not obtain identification from the man, and provided him a key to the plaintiff's room, not once, but twice. The perpetrator entered the victim's room and raped her. He was caught on surveillance tape leaving the room with his pants down. He was convicted of the rape and sentenced to 3 years in prison.
The receptionist testified at deposition that she was not trained to obtain identification from guests before giving replacement keys. The Holiday Inn states it is not at fault because the rape was "unforeseeable." However, the receptionist and manager of the Holiday Inn Express admitted in deposition that they knew violations such as rape could happen if the wrong person is provided a key.
"The facts of the case filed by Callahan & Blaine against Holiday Inn Express are even more outrageous than the Andrews matter," said Fred Del Marva, Plaintiff's Hospitality Industry Standard of Care Expert. In the recent case involving another major hotel chain, the Associated Press reported that Fox News sportscaster Erin Andrews obtained a $55 million jury verdict for being surreptitiously filmed in the nude at a hotel by another guest.
The Plaintiff, who filed her complaint through her counsel, Sarah Serpa, Brian McCormack and Dan Callahan of Callahan & Blaine, will go to trial April 18, 2017 at Kern County Superior Court in Bakersfield, California.
The case is Davick v. Holiday Inn Express, et al. (BCV-16-101353) in the Superior Court of California, County of Kern, Bakersfield.
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SOURCE Callahan & Blaine