Tag Archives: Lawsuits

by | August 15, 2012 · 6:59 am

Hospitality Industry Legal Risks: California Hotel Sued By Homeowner Claiming Noise From Events Has Caused Them "Pain And Suffering" And "Diminished Property Value"

“Plaintiffs have been hurt and injured in their health, strength, and activity, sustaining injury to their nervous system and person, all of which injuries have caused, and continue to cause, plaintiffs great mental, physical, and nervous pain and suffering,” said the lawsuit.

The lawsuit seeks an injunction barring the resort from generating noise that disturbs the Mendez family, such as amplified music, and unspecified monetary damages.

A Fairbanks Ranch couple has sued the Rancho Valencia Resort, alleging that noise from resort events has caused them pain and suffering, diminished their property value and violated county noise ordinances.

Angel and Linda Mendez, who live on Avenida Las Perlas, filed their lawsuit in Vista Superior Court on May 22. The lawsuit alleges that the problem has occurred since a group of investors purchased the resort, at 5926 Valencia Circle in April 2010.

“Defendants, and each of them, have occupied, used, and maintained these premises in such a manner that the sound of music, shouting and other accompanying noises generated by means of a loudspeaker, sound amplification system, public address system, or otherwise, during parties hosted by defendants, and each of them, travels well beyond the borders of the defendants’ property and into the Mendez property,” said the lawsuit.

For more:  http://www.ranchosantafereview.com/2012/08/14/lawsuit-regarding-noise-issues-filed-against-resort-in-rancho-santa-fe/

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by | August 14, 2012 · 6:21 am

Hospitality Industry Employment Risks: California Hotel Sued By Former Hostess For "Harassment And Religious Discrimination"

“…Boudlal alleges in a lawsuit filed Monday, that her co-workers began taunting her, calling the Moroccan-born Muslim a “terrorist,” a “camel” and someone who learned how to make bombs at her mosque. She complained to her managers verbally and in writing, she said, with no results…”

Imane Boudlal is suing Walt Disney Corp. in federal court, saying that she was discriminated against and harassed for her religious beliefs. She also alleges that she unfairly lost her job in 2010 after refusing to remove her head scarf at work.

“It’s been hard,” Boudlal said in an interview. “I thought it was just a matter of complaining and a few days, and it wouldn’t affect my life, but it turns out … nothing has been done.”

The lawsuit charges that Boudlal, who is a naturalized U.S. citizen, decided to wear her hijab full time in 2010, about eight months after she began wearing it publicly. She contacted her supervisors at Disneyland to request an exemption to the company’s “look” policy — general appearance guidelines that, according to a Disney website, touch on items ranging from contact lens color and visible tattoos to personal hygiene.

For more:  http://www.latimes.com/news/local/la-me-disney-muslim-lawsuit-20120814,0,2971071.story

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by | August 12, 2012 · 7:05 am

Hospitality Industry Legal Risks: California Hotel Sued By Nine Guests Claiming They Contracted Meningitis From Hotel Pool; Suit Seeks Damages For Premises Liability And Negligence

“…The plaintiffs claim the hotel failed to sanitize the pool, fill it with clean water, use purification chemicals or “obtain proper certification of health & safety codes to reopen pool and water park facilities after pool closure.”

They seek medical costs, damages and punitive damages for premises liability, negligence, gross negligence, public nuisance and loss of consortium.

Nine people claim they contracted meningitis and/or other deadly diseases two years ago from a pool at the Grand Pacific Palisades Resort in Carlsbad. Lead plaintiff Gerald Green claim that during their stay in August 2010 the hotel failed to properly sanitize its family swimming pool. Plaintiff claim that hotel staff told them later that “the pool had been closed due to prior fecal or other form of contamination.”

“Plaintiffs were caused to sustain severe personal injuries, including, but not limited to symptoms of fever, headache, myalgias [muscle pain], vomiting and diarrhea, resulting in diagnoses to include meningitis and aggravated multiple sclerosis,” the complaint states.
Meningitis is a potentially fatal disease caused by inflammation of the protective membranes of the brain and spinal cord. Multiple sclerosis, which causes damage to nerves in the brain and spinal cord, is a debilitating disease with no known cure.

For more:  http://www.courthousenews.com/2012/08/06/49015.htm

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by | August 6, 2012 · 7:26 am

Hospitality Industry Legal Risks: South Carolina Restaurant Group Pays $1.1 Million To Settle "Alcohol-Related Death" Lawsuit Caused By Assistant Manager

“…the 32-year-old (defendant) has just left his job as an assistant manager at Husk restaurant last December when he rear-ended a car being driven by 32-year-old Quentin Miller on the Ravenel Bridge. Miller died in the fiery wreck, and police say Burnell’s blood-alcohol level was 0.24 percent…”

The parent company of a Charleston restaurant will pay $1.1 million to the family of a man killed in a drunken driving crash that authorities say was caused by one of the restaurant’s employees.

The Post and Courier of Charleston reports the settlement calls for Miller’s parents to get $518,000, Miller’s common-law wife to get $91,500 and the remaining $490,000 to go to attorneys’ fees and costs. The settlement should be finalized at a hearing later this week.

Read more here: http://www.charlotteobserver.com/2012/08/05/3432731/charleston-restaurant-to-pay-1m.html#storylink=cpy

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by | August 4, 2012 · 8:47 am

Hospitality Industry Legal Risks: Texas Motel Sued By Maid Injured After Slipping Near Leaky Faucet In Break Room

She was walking near the break room area when she slipped and fell in water that had been leaking from a faulty sink…The plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain and lost wages, plus all court costs.

Alleging a company failed to post a warning sign of a known danger, a maid is suing the owners of a Super 8 Motel, claiming a leaky faucet near the break room caused her to slip and fall two years ago. Port Arthur local Gricelda Gutierrez filed suit against Triangle Hospitality Inc. on July 27 in Jefferson County District Court.

According to the lawsuit, on July 27, 2010, Gutierrez was working at Triangle Hospitality’s Super 8 Motel in Port Arthur as a housekeeper. Gutierrez claims she was injured in the fall, although the suit fails to state her alleged injuries.

She accuses the defendant of negligently failing to provide her with a safe work area, alleging that the company knew of the leaky facet and did nothing to remedy the unsafe working conditions.

The suit states the defendant failed to post a warning sign of a known danger.

For more: http://www.setexasrecord.com/news/245756-leaky-sink-causes-maid-to-slip-motel-sued-for-not-posting-warning-sign-of-known-danger

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by | August 1, 2012 · 6:19 am

Hospitality Industry Employment Risks: North Carolina Hotel Sued By EEOC For "Failure To Accommodate An Employee's Religious Beliefs"

 “…the defendants’ managers scheduled Neal to work the evening shift on Friday, Dec. 24, 2010.  Because the shift interfered with her Sabbath observance, Neal, who had previously been allowed to be off for her Sabbath by other managers at the hotel, explained that she could not work on that evening because of her Sabbath.  The hotel managers refused Neal’s request and instead fired her…”

The owners/operators of Comfort Inn Oceanfront South in Nags Head, N.C., violated federal law when they failed to accommodate an employee’s religious beliefs and then fired her because of her religion, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed Monday.

According to the EEOC’s complaint, Claudia Neal, who worked as a front desk clerk at Comfort Inn Oceanfront South, is a Seventh-Day Adventist. Neal observes her Sabbath from sundown on Friday until sundown on Saturday.

For more:  http://thejobmouse.com/2012/07/31/comfort-inn-oceanfront-south-sued-by-eeoc-for-firing-employee-over-sabbath-issue/

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by | July 28, 2012 · 7:25 am

Hospitality Industry Alcohol Risks: Mississippi Casino Resort And Spa Sued For $75 Million By Family Of Man Who Died After Consuming "Free Drinks"

The suit claims casino workers kept serving free drinks to 30-year-old Bryan Lee Glenn in August 2009, ignoring pleas from the drunken man’s family to stop serving him. 

A lawsuit claims a Mississippi casino served so much alcohol to a man taking powerful prescription painkillers that he died on the floor of his hotel bathroom. The lawsuit against IP Casino Resort and Spa in Biloxi was filed Wednesday in U.S. District Court in Gulfport. It seeks damages of $75 million.

The suit says Glenn died in his hotel room. He’d taken prescribed painkillers including Percocet, morphine and Xanax, as well as antipsychotic medications in the three weeks before his death, the lawsuit says. He was being treated for physical injuries as well as psychosis and hallucinations. Glenn had suffered a traumatic brain injury in a 2004 four-wheeler accident, then suffered back injuries in a 2007 car wreck.

Read more here: http://www.miamiherald.com/2012/07/27/2915715/75m-lawsuit-claims-casino-let.html#storylink=cpy

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by | July 26, 2012 · 8:15 am

Hospitality Industry Legal Risks: Chicago Hotel And Restaurant Sued For $500,000 In Wrongful Death Lawsuit

“…The 10-count lawsuit, which seeks more than $500,000 in compensation for Duskey’s wrongful death, names Hilton Worldwide, the Palmer House Hilton, Surreal Chicago and Adrenaline Y2K as the party hosts…Megan Duskey fell four floors to her death after she tried to slide down a railing at the Palmer House Hilton…”

The parents of a former Crete woman who fell to her death at a “Haunted Hotel Ball” at the Palmer House Hilton in Chicago in 2010 are suing the hotel and the event hosts. James and Deborah Duskey claim in a lawsuit filed Tuesday in Cook County Circuit Court that the death of their daughter Megan at the Halloween-themed ball was due to the negligence of the hotel and the event companies who hosted the party.

The lawsuit claims the hotel and event hosts allowed people at the ball to “consume unlimited amounts of alcoholic beverages” after they paid for a ticket and failed to provide security to protect the patrons of the ball.

For more:  http://southtownstar.suntimes.com/news/13998052-418/lawsuit-former-crete-womans-fatal-fall-due-to-negligence.html

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by | July 25, 2012 · 6:45 am

Hospitality Industry Safety Risks: Illinois Hotel Sued For Negligence By Man In "Slip And Fall" Accident; Claims Permanent Injuries

“…(hotel  is accused) of negligence for allegedly failing to keep the hotel lobby floor clean and dry. He says he has suffered — and will continue to suffer — physical and mental pain and anguish. Cattani is asking for an undetermined amount of money for medical expenses and lost income in addition to court costs…”

A Collinsville man claims the “carelessness” of owners and managers of a local hotel led him to slip and fall in the lobby. Bobby Cattani filed a lawsuit July 10 in Madison County Circuit Court against Lodging Hospitality Management, doing business as Doubletree Hotel. Hotel owner, Colhot LLC, is also named as a defendant.

Just after 11 p.m. on Aug. 2, 2010, Cattani says he slipped and fell on a “liquid substance that had accumulated on the floor” of the Doubletree Hotel on Eastport Plaza Drive. He says he severely and permanently injured numerous parts of his body along with his nervous system.

For more:  http://www.madisonrecord.com/news/245567-doubletree-hotel-in-collinsville-sued-over-mans-lobby-slip-and-fall

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by | July 23, 2012 · 6:08 am

Hospitality Industry Legal Risks: California Hotel Sued For Discrimination Under "Unruh Civil Rights Act" For Prohibiting Charitable Event

Alleging that they were the victims of discrimination, Ryan, the grandson of Holocaust survivors, and 17 other individuals later filed suit against Adaya and the hotel under California’s Unruh Civil Rights Act, which says no business establishment may discriminate on the basis of sex, race, color or religion. In addition to Adaya, the suit names Indus Investments Inc., the corporate owner and operator of the hotel.

Ari Ryan and other young leaders of the Friends of the Israel Defense Forces gathered on the afternoon of July 11, 2010, at the Hotel Shangri-La in Santa Monica for a charitable event. Soon after the party got underway around the hotel’s pool, apologetic hotel staff and security guards began telling group members to remove their literature and banners, to get out of the pool and hot tub, and to stop handing out T-shirts, according to Ryan and court documents.

The employees were acting on the orders of hotel owner Tehmina Adaya, according to the statements of witnesses and hotel employees in court documents. Adaya is a Muslim woman of Pakistani descent.

In court documents, Adaya said the July event had not been scheduled with the hotel and that the participants were trespassing on hotel property. Philip E. Black, an attorney for Adaya, declined to comment.

A jury trial is slated to begin Monday in Santa Monica Superior Court. The plaintiffs are seeking more than $1 million in damages.

According to the lawsuit, the charitable event was for the Legacy Program, a branch of the Friends of the Israel Defense Forces that raises funds to send children of fallen Israeli soldiers to summer camp. The party was planned by Platinum Events, a marketing firm that had organized other gatherings at the Shangri-La after the property underwent a $30-million renovation and reopened in mid-2009, the complaint said.

For more:  http://www.latimes.com/news/local/la-me-shangri-la-lawsuit-20120723,0,868164.story

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