Category Archives: Claims

by | July 20, 2012 · 7:40 am

Hospitality Industry Property Risks: Kentucky Hotel's Roof Partially Torn Off By High Winds; Water Damage To Top Three Floors From Sprinkler System

“…the National Weather Service was calling for 60-mile-per-hour winds. The top three floors of the hotel had water damage from the sprinkler system and officials say those guests were relocated…”

A Louisville hotel suffered damage in Thursday’s storm. Heavy winds whipped through the airport at an estimated 44-mile-per-hour winds. At one point, part of the roof on the Crowne Plaza Hotel was blown off.

At least 200 rooms were impacted. Several cars in the parking lot were also damaged.

The Crown Plaza was hosting the National Junior Angus Show and was at 100 percent occupancy.

“We’ve also heard the sprinkler system went off in there and that other things could be ruined other than the top floors, so we were anxious to see, but we were very amazed to see all the debris. Amazed. And that’s typically where we park,” says Donna Guice, a hotel guest from Louisiana.

For more:  http://www.wdrb.com/story/19070473/louisville-hotel-damaged-in-thursdays-storm

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by | July 18, 2012 · 6:45 am

Hospitality Industry Legal Risks: Pennsylvania Casino Sued By Former Waitresses For Discrimination After Demotions For Becoming Pregnant; Violated "7% Body Weight Rule"

“…a rule remains that Parkettes and their male equivalents, Park Men, must not deviate more than 7 percent from their body weight when they were hired… these employees are considered entertainers because they participate in calendar and talent contests and make public appearances off-site. No other casino staffers are subject to the weight requirement…”

Two former cocktail waitresses have filed a federal lawsuit against Parx Casino, in Bensalem, Pa., claiming they were demoted when they became pregnant. Parx’s chief counsel said the casino’s policy has changed since the women filed complaints with the Equal Employment Opportunity Commission in 2009. The establishment now provides maternity versions of its skimpy uniforms to its cocktail waitresses, who are known as Parkettes.

Parkettes Alycia Campiglia, 27, and Christina Aicher, 31, who both became pregnant while working for the casino in 2008, claim that when they told managers they were pregnant, they were informed they could continue as Parkettes only until their costumes no longer fit, according to their lawsuit filed July 5.

Both women said they were offered transfers to the concession stand or players services, but they said they wouldn’t be able to earn tips. The EEOC determined in August 2009 that Parx had discriminated against pregnant cocktail servers.

“We changed the policy to say you can work (as a Parkette) if you’re pregnant,” said Thomas Bonner, Parx’s chief counsel and vice president. “We do have maternity costumes now.”

What hasn’t changed, though, is Parx’s strict weight limitations. Parkettes and Park Men are subject to periodic weigh-ins, and if they fail, they are subject to termination.

In 2006, cocktail waitresses at the Borgata Hotel Casino in Atlantic City filed a $70 million lawsuit against the casino for instituting a 7 percent weight-gain policy. The lawsuit was settled out of court in 2008 for terms that weren’t disclosed.

Last year, Resorts Casino in Atlantic City was hit with three lawsuits that are pending from veteran cocktail waitresses who claim that they were demoted or let go because they were too old or not sexy enough for the new flapper costumes.

For more:  http://www.thonline.com/news/national_world/article_e43a2ab7-1ca0-5a3d-8f10-7f9d0e2a561b.html

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by | July 16, 2012 · 6:32 am

Hospitality Industry Spa Treatment Risks: Florida Hotel Sued By Woman Who Claims "Near-Fatal Massage And Treatment" Has Resulted In Two Years Of Medical Expenses

“…a spa employee slathered her in aromatic essential oils, aloe, and shea butter. But the curvy Jersey girl began to have doubts when she was wrapped tightly in a “cellophane-type material” and helped inside something called an Alpha Massage Capsule. It looked like a space-age coffin…”

“…Once inside, she couldn’t move. As the temperature soared, she started to become overheated and lightheaded. She shouted for help, but the attendant had vanished, the lawsuit says. Then Berean passed out…”

According to a lawsuit she filed earlier this month, Berean’s spa treatment (at the Howard Johnson Hotel in Miami Beach in July 2010) turned into one hot, buttery nightmare. The spa promised to leave her skin “glowing,” but Berean’s “hot butter wrap” nearly melted her instead. After two years of medical bills, she wants payback.

“She was stuck in this little heating egg,” says Berean’s lawyer, Andrew Norden. “She yelled, but nobody came to help her. Then she passed out. It was terrifying for her.”

Lawyers representing Nirvana Spa did not respond to requests for comment. Berean also declined to speak to New Times about her ordeal, but her attorney and lawsuit paint a terrifying picture of relaxation gone awry.

When the Nirvana Spa employee finally returned, she took Berean out of the capsule and unwrapped her like an aborted butterfly. Berean gradually came to, but instead of calling paramedics, the employee put the barely conscious client into the shower and left her alone again, according to the lawsuit. Berean fainted a second time and hit her head.

Berean has undergone “extensive medical care and treatment” because of the near-fatal massage, the lawsuit claims. But Natalia Bazhenova, Nirvana’s current manager who joined the spa after the incident, says the story sounds suspicious.

For more:  http://blogs.miaminewtimes.com/riptide/2012/07/woman_sues_nirvana_spa_on_miam.php

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by | July 7, 2012 · 6:59 am

Hospitality Industry Legal Risks: Washington Hotel Owners Agree To Pay $365,000 To Settle EEOC Harassment Lawsuit

Among other incidents cited in the EEOC statement, the general manager threw a stapler at one employee, and told another she was nothing but a welfare mother and should abort her pregnancy.

Two hotel groups have agreed to pay $365,000 to settle a harassment lawsuit brought by the federal Equal Employment Opportunity Commission in connection with the alleged actions of a general manager who worked for two hotels in the state of Washington.

According to a statement issued by the EEOC on Thursday, the unidentified general manager of the Best Western Evergreen Inn in Federal Way, Wash., and the Best Western Tacoma Dome in Tacoma, Wash., “persistently harassed and denigrated women, including those who were minorities and had strong religious beliefs, in violation of the federal law.” Court papers identify the general manager as Syed Ahmed.

The EEOC said female employees were subjected to the constant use of racial slurs and derogatory sex-based and racial comments.

For more:  http://www.businessinsurance.com/article/20120706/NEWS07/120709937?tags=%7C70%7C75%7C303

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by | June 24, 2012 · 6:13 am

Hospitality Industry Employment Risks: Missouri Restaurant Settles "Sexual Harassment" Lawsuit With EEOC; $23,000 Payment And Employee Training Part Of Settlement

The victim will receive the payment and the training will be for all management and non-managemnt employees at its Galleria location.  Villa Galleria also agreed to report internal complaints of sex harassment to the EEOC for the decree’s 18-month term.

A restaurant in the Galleria will pay $23,000 and provide training against sexual harassment to all employees as the result of a sexual harasssment lawsuit settlement, according to the U.S. Equal Employment Opportunity Commission.

The EEOC filed a suit last September that alleged Villa Galleria allowed an employee to be subjected to sexual harassment by an assistant supervisor.  The employee alleged the supervisor tried to put his hands up her skirt and kiss her.

For more:  http://www.ksdk.com/news/article/325114/3/Galleria-restaurant-settles-sexual-harassment-lawsuit

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by | June 21, 2012 · 6:09 am

Hospitality Industry Property Risks: Tennessee Hotel Suffers $750,000 In Damage From Gas Line Explosion; Guests Evacuated For Seven Hours

There was major damage to an escalator, walls and ceiling. The blast was so strong it damaged ceiling tiles on the third floor. There apparently was no fire.

Damage was estimated Wednesday at up to $750,000 as a result of a gas explosion at the sprawling Gaylord Opryland Resort and Convention Center. No injuries were reported after the Tuesday night blast, though 5,000 guests were evacuated for as long as seven hours.

The hotel resumed normal operations Wednesday at 7 a.m. Fire officials said the explosion was caused by a gas leak that ignited inside a mechanical room on the first floor in the convention center portion of the hotel and away from guest rooms. “The entire room was moving,” Davidson County Sheriff Daron Hall told WSMV-TV. He was attending a convention at the hotel when the explosion happened shortly after 8 p.m. Tuesday. The damaged area was closed off to guests Wednesday.
Guests Tuesday night were being given free one-night stays because of the disruption. Gaylord said the explosion would have little or no effect on upcoming meetings and events.

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by | June 20, 2012 · 6:15 am

Hospitality Industry Safety Risks: Virginia Hotel Sued For $250,000 By Guest Who Fell Down Stairwell During Power Outage; No Emergency Lights Above Door To Stairwell

“…(the plaintiff) unknowingly stepped into a stairwell and fell 14 steps, according to the suit. It states there were no emergency lights above the door to the stairwell or on the stairwell itself. Christians claims he received permanent injuries, and continues to have physical pain, mental anguish and lost wages…”

A Loudoun County man is suing The Homestead in Hot Springs after falling down a flight of stairs during a power outage at the luxury hotel and spa. Allan Christian, of 20934 Winola Terrace, Ashburn, filed the $250,000 lawsuit Monday in U.S. District Court, according to online court records.

He was in one of the hotels’ restaurants at about 9 p.m. June 19, 2010 when the lights went out, leaving it “pitch black,” according to the complaint. Resort staff told Christian and other guests the lights would be on again soon, and served food to them, the complaint states. However, candles and flashlights weren’t handed out or placed in areas where people may need to walk, it states.

About 40 minutes after the power went out, Christian got up to move in the direction of the bathroom, and used “the furniture and staff to guide his movement,” the lawsuit states.

For more:  http://www.nvdaily.com/news/2012/06/northern-virginia-man-sues-luxury-resort.php

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by | June 14, 2012 · 6:27 am

Hospitality Industry Property Risks: Washington Hotel Guests "Break Off Two Fire Sprinklers" Causing Over $100,000 In Water Damage To Three Floors

 “…the newlyweds had some type of disagreement throughout the evening which led to Peters breaking off two fire sprinklers inside the room as well as damaging nearly all the furniture and appliances inside the room.  This caused nearly three floors of the hotel to flood and, according to the general manager, will cost hundreds of thousands of dollars to fix…”

A couple celebrating their one year anniversary at a Spokane Valley hotel caused hundreds of thousands of damages during a fight.  On Wednesday, around 6:00 a.m., Spokane Valley Sheriff’s Deputies responded to a trouble unknown call at the Pheasant Hill Inn located at 12415 East Mission Avenue in Spokane Valley.

The hotel had just completed six months of renovation. Both Peters and Wozniak were booked into the Spokane County Jail on the felony charge of Malicious Mischief 1st Degree.

For more:  http://www.nwcn.com/home/?fId=158943025&fPath=/news/local&fDomain=10222

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by | June 12, 2012 · 6:30 am

Hospitality Industry Property Risks: Texas Hotel Files $10,000 Lawsuit For Damages To Pool And Spa From Bottles Dropped From 29th-Floor Condo

“…The pool and hot tub filters needed repairs…a portion of the Hilton’s ninth-floor roof also was damaged, along with a 10th-floor window. The suit seeks reimbursement for repairs, as well as interest and attorney’s fees. Cano was unsure when the case could head to trial…”

Beer bottles allegedly tossed from a privately owned 29th-floor condo atop the Hilton Austin reportedly caused more than $10,000 in damage to the hotel’s pool and hot tub, according to a lawsuit. Attorney Matthew Cano said he filed the lawsuit in Travis County Court-at-Law No. 1 on behalf of Austin Convention Enterprises Inc., a nonprofit city entity that owns the Hilton, after almost a year’s worth of negotiations with the condo’s owner.

According to the suit, several beer bottles were dropped from the 29th-floor condo’s balcony on July 31, 2011. Some landed in the Hilton’s pool and hot tub, while others shattered nearby.

The incident forced the hotel to close the pool and hot tub so they could be drained and cleaned before being refilled, Cano said.

For more:  http://www.statesman.com/business/hilton-lawsuit-dropped-beer-bottles-did-10-000-2397825.html

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by | June 11, 2012 · 6:30 am

Hospitality Industry Legal Risks: Texas Hotel Still Replacing Glass Panels One-Year After Falling Glass Injured Guests In Pool; "Negligence Lawsuit" Still Pending

“…they have been traumatized by the incident and seek recovery for damages, assert negligence on the part of the hotel, and ask for reasonable compensation for their pain, disfigurement, loss of earnings, loss of earning capacity, physical impairment, medical care and expenses and mental anguish…”

Crews are currently still replacing the more than 1,000 glass panels on the hotel.

Two people who were in the swimming pool at the W Hotel on June 10 when panels of glass fell from the building, shattered and then rained down on them have  filed a lawsuit against the W and Starwood Hotels and Resorts. Susan Davis and Prashanth Magadi  filed the complaint , represented by attorney Sean Breen, in Travis District Court. The two were injured and are still removing glass from their bodies when they filed the lawsuit in late June 2011. Davis said she still doesn’t know the extent of her injuries yet but remembers clearly that day at the pool on June 10.

The plaintiffs are asking that safety measures be put in place to prevent more falling glass, along with asking that covered walkways be built at the affected parts of the building.

The lawsuit alleges that the hotel had been warned of the problem before the June 10 incident, but failed to respond. In May, a similar incident happened at a  W Hotel in Atlanta where two women fell out of the hotel when glass failed and fell out of their hotel room, according to the lawsuit.

The lawsuit was filed the day after a second incident of falling glass happened at the W,  when three panels fell to the street below on June 27. No one was injured, though cars were damaged.

For more:  http://www.kxan.com/dpp/news/local/austin/one-year-later-few-answers-at-w-hotel

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