An oncologist has filed suit against an Illinois hotel and restaurant for injuries sustained while dining with his family.
Just a horrible story. The doctor was violently stabbed in the neck and face during an attempted holdup in the bathroom of the hotel’s restaurant. The lawsuit alleges that the hotel and restaurant were negligent when they allowed “unauthorized persons to gain access to their hotel, restaurant and restroom facilities” and didn’t perform proper security checks. According to the suit, the doctor is now disfigured and disabled.
The doctor’s attacker had been freed from prison a whopping eight days prior to the attack. With at least 60 arrests and nine felony convictions, he was charged with attempted murder, aggravated battery, and unlawful restraint. The restaurant’s bartender was also injured when he was cut by the attacker’s knife while chasing him.
It is easy to feel for the doctor and the bartender. But you do not have a premises liability case every time someone comes into a hotel restaurant and requires that the patron be authorized. It would be impossible for a restaurant that is open to the public to screen people coming in their doors. What would be the criteria? Do you look like a criminal?
My guess is that this case got filed because the doctor is a high wage earner, suffered real injuries, real lost wages, and is a very sympathetic plaintiff. But I don’t see the case getting to past summary judgment.