Not even a room comp!!!!

I'm not a lawyer, nor did I stay at a Holiday Inn Express last night, but where is the liability from the hotel? I'm assuming that the driver was not a NYNY employee at the time of the accident, I could be wrong about that.

Mark

Quote: marksolberg

I'm not a lawyer, nor did I stay at a Holiday Inn Express last night, but where is the liability from the hotel? I'm assuming that the driver was not a NYNY employee at the time of the accident, I could be wrong about that.

Mark

Even if he was an employee [EDIT - Not on shift] at the time, sure no liability lies with NYNY and all with the guy who left the handbrakes off.

Quote: marksolberg

I'm not a lawyer, nor did I stay at a Holiday Inn Express last night, but where is the liability from the hotel? I'm assuming that the driver was not a NYNY employee at the time of the accident, I could be wrong about that.

I suppose simply for where it happened. but also any lawyer could, i suppose, point out there was no sign warning patrons to set the hand brake and/or not to leave the car in gear.

Quote: EvenBob

As far as this casino valet accident, they have it all on video, but I'm sure its long gone in an unfortunate erasure mistake.

The victim should hope so! That would have been a tragic "loss" several years ago, but failure to preserve electronic evidence when litigation is anticipated is very, very frowned upon today. Losing critical electronic evidence today would frequently result in an instruction to the jury to assume the video showed NYNY's worst possible scenario. (This is what I do for a living.)

Quote: travisl

Losing critical electronic evidence today would frequently result in an instruction to the jury to assume the video showed NYNY's worst possible scenario. (This is what I do for a living.)

That is what is alleged with the Jim Gibbons/Chrissy Mazzeo parking garage tapes. link.

Quote: Wizard

That is what is alleged with the Jim Gibbons/Chrissy Mazzeo parking garage tapes. link.

That's why I miss the good old days of Vegas. If this sort of thing had happened in, say, Vegas in 1980, let's say at the Horseshoe, the driver would have backed up to run over the victim again until he/she was dead, then the head of security would have given all witnesses $100 to keep them quiet, and last of all, the surveillance tapes would have been destroyed and the guard who actually saw it all would have been fired and given a one-way plane ticket to Kansas City and a strong encouragement to use it within the next twenty-four hours.

Quote: EvenBob

Absolutely! Anything you say at the accident scene can and will be used against you. If you act unsure about what happened and say 'I don't know' a lot, they will throw it in your face again and again. After my pedestrian accident, the lawyers for the other side called me again and asking for my 'statement' and I always gave them my attorneys number. They would ask why I needed an attorney and I would say 'ask him'. That really set them off. As far as this casino valet accident, they have it all on video, but I'm sure its long gone in an unfortunate erasure mistake.

This isn't limited to the defendant but also the plaintiff! I worked for a company and took over after questionabe work led to a lawsuit. I had noithing to do with the work but was involved enough to potentially be deposed. The case went on for longer than I kept the job. (Partly due to two lawyer changes, one of which was on the 72nd floor to the World Trade Center.) I get a call on a SUNDAY NIGHT by the plaintiff wanting to ask me questions. I told him I had to talk to the company lawyer. He was upset but polite as he needed me more than I needed him. He asked why. I told him I was under a gag order, which I was. He called one more time and it eventually died. My old company knew I could sink them as they had major problems and I did not leave on the happiest terms.

The case still makes the news from time to time, saw it again last year.

Quote: Wizard

I'm no lawyer, but I think the lawyer's advice was right to not say anything. Not comping the room was the NYNY's way of not saying anything as well. I predict about a 100K settlement.

Right on, provided that the valet was on duty and was not an independent contractor.

any result to this yet timber? keep us posted and hope she has recovered well.

Quote: avslyke

any result to this yet timber? keep us posted and hope she has recovered well.

No result yet. Surgery went well but found more damage to the hand and wrist than expected. I understand that nothing is being discussed until she is totally released from post surgery care and to see if she is going to suffer permanent damage. I will post something when it is settled. Thanks for your concern.