June 10, 2014 Elizabeth Gillespie, Esq. MURPHY & DECKER, P.C. 1510 West Canal Court, Suite 1500 Littleton, CO 80120 Re: Kevin Christ v. Denver Hotel Teatro, LLC Case No. 2013CV34657 Dear Ms. Gillespie: At your request, I have conducted an assessment of the alleged incident that occurred in a guest room at the Hotel Teatro in the early morning hours of February 1, 2013. The two issues you asked me to examine were: 1. The appropriateness of the Hotel Teatro s security policies and procedures; and 2. Whether the Hotel Teatro could foresee this incident occurring. After reviewing the case, my conclusions are the following: 1. In my expert opinion, to a reasonable degree of professional probability, the Hotel Teatro had appropriate guest security policies and procedures in place and adequately trained Mr. Hurd and Mr. Brodsky on these policies and procedures, consistent with the standards of care one would find at an average hotel facility in 2013. 2. In my expert opinion, to a reasonable degree of professional probability, the Hotel Teatro could not foresee that a physical altercation would occur between the plaintiff and Mr. Strausser. Hotel Policies and Procedures I have examined all the security policies and procedures in place at Hotel Teatro in relation to hotel industry standards for guest care. Hotel Teatro s security policies and procedures were appropriate for a five-star hotel of its size in the year 2013. The hotel appropriately protected its guests via the security policies and procedures it had in place and the training it conducted to reinforce them. Specifically, the Hotel Teatro had clear standards in its Employee Handbook and Training Manuals regarding: Daniels College of Business Fritz Knoebel School of Hospitality Management 2044 E. Evans Ave., Ste. 319 Denver, CO 80208 303.871.2322 Fax 303.871.4260 daniels.du.edu
2 1. Controlling keys to occupied guest rooms: The section Keys & Security in the Hotel Teatro Employee Handbook (Hotel Teatro 000043) stated standard hotel policies in regard to key control and was adequate and consistent with common hotel industry practice. 2. Uninvited guests: Hotel Teatro had a policy regarding uninvited hotel visitors in its Training Manual (Hotel Teatro 000142). This policy was appropriate and consistent with common hotel industry practice. As is common practice in the hotel industry, Hotel Teatro had extensive training programs during which security policies and procedures were reviewed, and employees were required to sign a copy of them, acknowledging they had read and understood policies and procedures (Hotel Teatro 000117 and 000143). These security policies and procedures were adequately communicated to both Mr. Hurd and Mr. Brodsky. Hotel Teatro employees in violation of these security standards received reprimand in the form of progressive discipline, starting with verbal warnings and ending in termination. Additionally, the hotel verbally instructed Mr. Hurd and Mr. Brodsky not to provide unauthorized individuals with access to registered guests rooms. Mr. Brodsky asserted these policies and declined Mr. Strausser s request to enter the plaintiff s room. Hotel Teatro management reprimanded Mr. Brodsky and Mr. Hurd after the incident demonstrating their commitment to these policies. Hotels are public places. They must balance keeping their assets and guests as secure as possible, yet keeping their properties as open and welcoming as possible. Hotel Teatro had appropriate security standards in place necessary for the operation of a hotel as was communicated in its Training Manuals. The hotel s goal was to create a safe, comfortable, and secure environment for [its] guests and employees (Hotel Teatro 000142). Employees were instructed to take reasonable action for guest safety and privacy. The Hotel Teatro is a small, luxury, boutique hotel. The hotel encouraged its employees to become familiar with the guests. In the Hotel Teatro Employee Handbook, it stated: Making a genuine effort to remember a guest after the initial transaction not only makes the guest feel welcome, it can make your job more enjoyable (Hotel Teatro 000029). Mr. Hurd, as the overnight bellman and having worked at the Hotel Teatro for seven years at the time of the incident, knew the plaintiff and Mr. Strausser by name. The plaintiff and Mr. Strausser had stayed at the hotel before, sometimes together, and there had never been an incident. Mr. Hurd had never seen these men be violent at the hotel. Even when intoxicated, neither the plaintiff nor Mr. Strausser had been aggressive or violent with each other or with hotel employees. Besides knowing the guests by name, Hotel Teatro employees were expected to solve guests problems, run errands, and make guests feel welcome. As the hotel s Employee Handbook stated, By providing exemplary service, taking on the problems of our guests, and empowering our employees to fix them, we are able to remain the best hotel in Denver (Hotel Teatro 000033). The hotel sought employees with attentiveness and aptitude and reinforced this in its standards. Employees were expected to ask about any [guests ] problems and had a natural tendency or propensity for service (Hotel Teatro 000173).
3 When checking into the Hotel Teatro, the plaintiff, in his deposition, mentioned that he was distraught over the breakup of a five-year relationship. Thus, Mr. Brodsky and Mr. Hurd would be expected to tak[e] on the problem of [the] guest and show concern for the plaintiff s well-being. Additionally, Mr. Brodsky and Mr. Hurd would be expected to take Mr. Strausser seriously when he approached the front desk expressing concern about the plaintiff. It was well within the hotel s policy that employees could accept tips and there was nothing in the materials I reviewed that would suggest to me that Mr. Strausser s tip was in any way a bribe to gain access to the plaintiff s room. Tipping is simply a common industry practice among guests of hotels. Thus, it is clear that in this situation, Mr. Hurd was motivated by guest safety and care when providing access to the plaintiff s room. Foreseeability I was asked to evaluate whether, by providing Mr. Strausser with access to the plaintiff s room, Hotel Teatro could foresee that a fist fight would occur. After evaluating the file materials, I conclude that the physical altercation between the plaintiff and Mr. Strausser was not foreseeable. Is it foreseeable that when two people are in a hotel room that a fight will ensue? If a stranger in the form of an unauthorized person is mistakenly given access to a registered guest s room because of a problem with the hotel s property management system, the two do not end up in a fist fight. If strangers do not end up in a fist fight, there was no reason for the Hotel Teatro to predict that friends would end up in a physical altercation. In the case of Mr. Strausser gaining access to the plaintiff s room, the two had been friends according to the plaintiff s deposition, and thus the Hotel Teatro could not foresee that a physical altercation would ensue. Even the plaintiff did not foresee a fist fight with Mr. Strausser in his future. The plaintiff stated that Mr. Strausser had never been violent or gotten in an argument with him. Repeatedly on the taped conversations between these two men, the plaintiff stated, We re friends, and I thought we were friends and Mr. Strausser stated, You and I were friends before this. The Hotel Teatro was no more omniscient than the plaintiff. The hotel had no reason to believe that a fist fight between these two friends would ensue since there had been no precedent set. Mr. Strausser was not seen as a trespasser by Mr. Brodsky or Mr. Hurd. He was not sleeping in a stairwell, lingering in a guest room corridor, or stealing property from the hotel lobby. Mr. Hurd was on a first name basis with Mr. Strausser. Mr. Hurd stated that most of the time Mr. Strausser stay[ed] at the hotel with [the plaintiff] (Christ v. Teatro 000008). From my experience in the hotel industry, the plaintiff s behavior was not consistent with the behavior of a guest whose room had been entered by an unauthorized individual. In such a situation, these guests tend to call the front desk or security immediately. They do not wait to make the call. Based on the file materials provided to me, a significant amount of time elapsed
4 between when Mr. Strausser entered the plaintiff s room and the physical altercation erupted. During this time, the plaintiff never called the front desk or the police. Even after the police arrived, the plaintiff did not stay to speak with the police. This behavior was inconsistent with the behavior of a guest whose hotel room had been entered without his or her consent. Hotels are porous, public places that cannot be kept fully under lock and key. A hotel cannot be kept crime-free no matter how hard it tries. The question then becomes whether Hotel Teatro took adequate precautions to prevent harm to its guests while also providing the service expected and demanded by them. This is a delicate balancing act that hotels perform every day. Hotels must balance what some guests consider cumbersome precautions taken for security s sake with the guests demands for speed, comfort, and service. In my professional opinion, Hotel Teatro, by means of its Employee Handbook and Training Manuals, took appropriate measures and fulfilled its duty of care to protect its guests from foreseeable risks. The physical altercation between the plaintiff and Mr. Strausser, however, was not foreseeable. List of Documents Reviewed in Reaching my Conclusions: My opinions are based on the following documents provided to me at the time of writing this report: Affidavit of Kevin Christ Answer to Complaint and Jury Demand by Defendant Denver Hotel Teatro, LLC Answer to First Amended Complaint and Jury Demand by Defendant Denver Hotel Teatro, LLC Ascent Therapy Clinic Patient Receipts Ascent Therapy Clinic records Audio recordings of conversations between Kevin Christ and Chad Strausser Billing records from Geraghty Family Medicine Castellano Investigations in-person interview with Mark Plonkey Castellano Investigations in-person interview with Mike Hurd Christ Exhibits 1-13 Christ v. Denver Hotel Teatro Deposition: Kevin M. Christ Complaint and Jury Demand Defendant Denver Hotel Teatro, LLC s Cross-claims Against Defendant Chad Strausser Defendant Denver Hotel Teatro, LLC s Response in Opposition to Plaintiff s Motion to Amend Complaint Documents from Interactions Counseling, P. C. Documents received from Cellco Partnership d/b/a Verizon Wireless custodian of records in response to the Subpoena to Produce Documents Documents received from John Castellano in response to the Subpoena to Produce Documents First Amended, Verified Complaint and Jury Demand
5 First Amended, Verified Complaint and Jury Demand General Sessions Summons and Complaint: Kevin Christ Geraghty Family Medical records Guest Red Log Hotel Teatro Employee Handbook Hotel Teatro Operational Policies and Procedures Hotel Teatro Training Manuals Hotel Teatro, LLC s Responses to Plaintiff s First Set of Written Discovery Requests Medical file of Dr. John S. Geraghty Michael Hurd Red Log Documentation for Night of 2.1.13 Photo of Plaintiff s chin Plaintiff s Exhibits 1-8 Plaintiff s First Supplemental Rule 26(a)(1) Disclosures Plaintiff s Initial Rule 26(a)(1) Disclosures Plaintiff s Motion to Amend Complaint Plaintiff s Motion to Amend Complaint to Add a Claim for Exemplary Damages Plaintiff s Responses to Defendant s First Set of Written Discovery to Plaintiff Plaintiff s Retained Expert Witness Report Plaintiff s Second Amended Complaint and Jury Demand Plaintiff s Third Supplemental Rule 26(a)(1) Disclosures Police Report dated February 1, 2013 and related documentation Record of Plaintiff s stay at the Hotel Teatro Summary of Plaintiff s Initial Disclosures Text messages between the Plaintiff and Mr. Strausser 911 calls Additionally, my opinions were informed by the following industry texts and article: Blake, W. F., & Bradley, W. F. (1999). Premises Security: A Guide for Security Professionals and Attorneys. Woburn, MA: Butterworth-Heinemann. Clifton, D. (2012). Hospitality Security: Managing Security in Today s Hotel, Lodging, Entertainment and Tourism Environment. Boca Raton: CRC Press Taylor & Francis Group. Osborn, J. E., & DePasquale, S. (1997). No room for liability: A hotel's exposure to costly negligent security claims is controllable. Security Management, June. Finally, I reserve the right to modify my opinion in a supplemental report should other documents or information be produced at a later date. Sincerely, Cheri A. Young, Ph.D.