Facts

Plaintiffs sued defendants in relation to an assault that occurred while they were guests at the Westin St. Francis Union Square.

PLAINTIFF’S CONTENTIONS: While at the hotel’s bar, they were surreptitiously drugged by Doe Nick and Corey Hansen with the assistance of Doe Bartender. Doe Nick and Corey Hansen then raped plaintiffs inside a room of the hotel.

Plaintiffs asserted causes of action for negligence and negligent supervision, assault and battery, intentional infliction of emotional distress, and punitive damages.

DEFENDANT’S CONTENTIONS: Starwood Hotels and Resorts Worldwide Inc. contended in its motion for summary judgment that Doe Bartender did not assist the other defendants in drugging plaintiffs and argued that they did not owe a duty to protect plaintiffs from the unforeseeable drugging or sexual assault caused by third-party criminal activity.

Result

The court granted Starwood Hotels and Resorts Worldwide Inc.’s motion in part and denied in part. The motion was denied as to plaintiff's claims of negligence and negligent supervision. The motion was granted on plaintiff's intentional Infliction of Emotional Distress.