Lawsuit Against Hard Rock Cafe
Here is another case in the United States that really puts a new twist on employment law. It seems like any other ordinary suit, the Hard Rock Cafe in Las Vegas was sued for the death of a girl. However, the girl was the girlfriend of the CEO of Hard Rock. The claim alleges that Hard Rock consented to the CEO’s “hedonistic lifestyle” of drugs and sex.
The girlfriend, Michelle Hatchel, 23, died of a drug overdose Aug. 29, 2007 while staying at a Las Vegas condominium with Ed Scheetz, who was then the chief executive officer of Morgans Hotel Group.
Members of Hatchel's family filed a wrongful-death suit last week that names both Scheetz and Morgans as Defendants.
Hatchel was flown on a private jet provided by the CEO to Las Vegas where they then engaged in an orgy of drugs and sex. The CEO claims that he found Hatchel dead when he returned home from a very long work day.
Apparently, the CEO has settled a wrongful death suit with the father of Hatchel already so this suit is on behalf of the mother, grandmother, brother and aunt. The claim alleges that Scheetz was a living example of the hotels hedonistic brand image:
A part of the Hard Rock marketing’s strategy its target demographic patrons included hedonistic sexually permissive and promiscuous lifestyle which also included use of illegal and/or illegally obtained ... controlled substances including but not limited to cocaine and oxycodone and as CEO of said named corporate defendants, defendant Scheetz's own lifestyle ... was a living example of said Hard Rock image and all of his actions, inactions, and/or omissions herein were within the course and scope of his employment.
Furthermore, the claim alleges that Morgans Hotel subsidized Scheetz’s partying by paying for his Vegas condo and private jet, that were examples of excess contributed to Hatchel’s death. The claim is seeking 645 million dollars in damages.
According to a popular blog, under the doctrine of respondeat superior, an employer is vicariously liable for an employee’s torts committed within the scope of employment.
The hotel will have two options quietly settle the suit and avoid what might be a prolonged litigation process. Or defend the suit whereby it’s likely the hotel chain would argue the girlfriend voluntarily attended and engaged in the mass intoxication of illegal drugs.
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