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Erin Andrews, the ESPN reporter and former celebrity contestant on Dancing with the Stars, filed a lawsuit in Chicago against various hotel owners, including Marriott and Radisson (see copy of complaint here). Andrews seeks to recover damages for negligence, negligent infliction of emotional distress, and invasion of privacy in connection with the the secret films of her made by a stalker through a hotel room peephole. The stalker, Michael Barrett, allegedly contacted hotels to identify where she would be staying and requested that the hotels provide him with a room next to hers. Once at the hotels, Barrett modified the peephole in a way that allowed him to videotape her as she changed.
Like many lawsuits out there, Andrews names as a defendant just about every deep pocket remotely connected with the incident. That, by itself, is hardly surprising. But what is surprising is her theory of liability against Radisson Hotels.
According to her complaint, Andrews claims that she stayed at the Radisson Hotel at the Milwaukee Airport where, unknown to her, a stalker was provided with a room next to hers at his request. Andrews also alleges that the stalker proceeded to remove and modify her room's peephole. What happened next? According to her complaint, nothing! Unlike her claims against Mariott and another hotel, Andrews doesn't claim that anybody actually used the modified peephole. Nevertheless, she claims that merely the modification of the peephole caused her to suffer "severe and permanent emotional distress, embarrassment, past and future medical expenses, and a loss of earning capacity."
Even if one assumes that Andrews could prove that the hotel invaded her privacy by acknowledging her reservation and agreement to place Barrett in an adjacent room, is that enough? Aren't damages an essential component of any tort? Remember, Andrews does not allege that she was actually viewed or filmed through the modified peephole. Shouldn't Andrews have to connect the tort to the damages? Seemingly, her damages theory against Radisson is that she experienced embarrassment and a loss of earning capacity simply be unknowingly staying in a room adjacent to a stalker. It sounds a bit far-fetched to me. |
