Citation

AIDS Policy Law 1999; 14(15): 7.

Copyright

(Copyright © 1999, Buraff Publications)

DOI

unavailable

PMID

11366622

Abstract

A Missouri Court of Appeals judge reversed a $14.5 million judgement against Marriott International Inc., which had been held liable for the beating and sexual assault of a guest in its hotel. The guest, identified as M.C., had requested an upgrade to a concierge room, to increase her safety, but the hotel did not fill her request. When M.C. opened her hotel room door the next morning, an assailant attacked, beat and raped her. The assailant escaped hotel security, but was later apprehended. The initial case against Marriott and the assailant resulted in a $22.5 million judgement for M.C. Both parties appealed. Marriott prevailed in its argument that the initial trial judge misinstructed the jury, and that M.C. was unable to show clear and convincing evidence that the hotel's willful or conscious disregard for guest safety caused the situation. However, the court ruled against Marriott on the basis of M.C.'s fear-of-AIDS claim, because of her exposure to the virus.

Language: en