Marchionda v. Embassy Suites Franchise, LLC

359 F. Supp. 3d 681 (2018)

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Marchionda v. Embassy Suites Franchise, LLC

United States District Court for the Southern District of Iowa
359 F. Supp. 3d 681 (2018)

SC

Facts

Cheri Marchionda (plaintiff) was a guest in room 732 at an Embassy Suites hotel (the hotel) (defendant). Christopher LaPointe introduced himself to Marchionda in the hotel bar and discovered the room Marchionda was staying in by following her after she left the bar. The next night, after Marchionda left the bar, LaPointe was intoxicated and asked the hotel’s front desk for a key to room 732. The hotel gave him a key without asking for any sort of identification or entitlement to access to the room. LaPointe went to Marchionda’s room and used the key to open the door, but it was latched from the inside, preventing him from getting in. LaPointe then asked the front desk to help him get into the room. The hotel’s engineer helped LaPointe get into the room, and LaPointe proceeded to sexually assault Marchionda. In a separate criminal proceeding, LaPointe pleaded guilty to burglary and sexual assault. Marchionda sued the hotel. Testimony indicated that the hotel had no particular oversight of its policy regarding giving out room keys. The hotel moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Gritzner, J.)

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