PITTSBURGH – Hampton by Hilton and Hilton Worldwide, Inc. have been dismissed from a lawsuit filed by a Wynnewood woman who claims a variety of hotel defendants are liable for an assault she says suffered at the Hampton Inn Pittsburgh two years ago, one which caused her to have sustained severe skull and neurocognitive injuries.
Anne Garnett and Kevin Dougherty of Wynnewood first filed suit in the Allegheny County Court of Common Pleas on Oct. 5 versus Hampton Inn Pittsburgh and Hampton Inn Pittsburgh University/Medical Center of Pittsburgh, Hampton by Hilton and Hilton Worldwide, Inc. of McLean, Va., Apple Nine Pennsylvania Business Trust and Apple Nine Hospitality Management, Inc. of Richmond, Va., John Does 1-3 and Doe Companies 1-3.
“On Nov. 10, 2018, plaintiff, Anne Garnett, while a business invitee at defendants, Hampton, Inn, Hilton, Worldwide, Apple, Nine and Doe Company (1-3), property, was physically assaulted and attacked by an unknown assailant, who upon information and belief, was an employees of defendants, Hampton, Inn, Hilton, Worldwide, Apple, Nine and Doe Company (1-3), as she entered her hotel room, causing plaintiff to suffer those serious and permanent,” the suit stated.
Among other negligence-based arguments, Garnett alleges the defendants failed to have policies and procedures in place to prevent violent physical altercations, failed to have policies and procedures in place to prevent patrons from being physically assaulted; failed to provide proper security in the events leading up to plaintiff’s accident and failed to have an adequate number of security personnel on the property.
As a result, Garnett was required to remain in-patient from Nov. 10, 2018 through Nov. 12, 2018 at UPMC, having sustained a fractured skull, swelling of her brain, abrasions and bruises to her face, severe pain and injury to her head, severe pain and injury to her face, severe pain and injury to her brain, a severed olfactory nerve, severe deficits in smell and taste, severe damage to her vestibular system; severe deficits, severe deficits in memory, specifically regarding word retrieval; a bruise to the interior wall of her vertebral artery, brain bleeds and other injuries.
Defendants Apple Nine Pennsylvania Business Trust and Apple Nine Hospitality Management, Inc. denied the plaintiff’s contentions in their entirety on Oct. 29, further asserting a cross-claim against the John Doe defendants, arguing their actions were the proximate cause of Garnett’s injuries.
Garnett’s counsel filed a reply to the new matter on Nov. 12, denying its contents in their entirety.
UPDATE
On Dec. 21, counsel for Hampton by Hilton and Hilton Worldwide, Inc. filed a stipulation dismissing themselves from the case.
“It is hereby stipulated and agreed among all counsel listed below that this matter be discontinued without prejudice as to defendants, Hampton by Hilton and Hilton Worldwide, Inc., only,” the stipulation said.
“It is further hereby stipulated that the caption will delete these entries, so that the caption will be reflected as ‘Anne Garnett and Kevin Dougherty v. Hampton Inn Pittsburgh, Hampton Inn Pittsburgh University/Medical Center, Apple Nine Pennsylvania Business Trust, Apple Nine Hospitality Management, Inc. and John Does 1-3, Doe Company 1-3. Should additional information arise during discovery indicating these dismissed entities were responsible for plaintiff’s injuries, the statute of limitations will not serve as a bar to re-adding them as party defendants.”
For multiple counts of negligence, assault and battery and loss of consortium, the plaintiffs are each seeking damages, jointly and severally, separate sums in excess of $50,000, including punitive damages and brings this action to recover same, plus a trial by jury.
The plaintiffs are represented by Robert N. Braker of Saltz Mongeluzzi & Bendesky, in Philadelphia.
The defendants are represented by Greg A. Ray of Bunker & Ray, also in Philadelphia.
Allegheny County Court of Common Pleas case GD-20-010546
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com