Hyatt Faces Upholding of $177M Sexual Assault Verdict
A Missouri court upheld a $177M verdict against Hyatt for negligent hiring after a security guard assaulted a guest, spotlighting corporate accountability.
A Missouri appellate court recently upheld a $177 million verdict against Hyatt Corp., involving allegations that a security guard employed by the hotel assaulted a female guest in her room. The security guard, identified as D.W., had a documented history of arrests related to sexual misconduct, which was not uncovered during Hyatt's hiring process. The incident occurred at the Hyatt Regency St. Louis at the Arch in 2016, when the victim, a sheriff's officer attending a seminar, was assaulted using a master key. The plaintiff argued that Hyatt negligently hired and supervised D.W., failing to adhere to its own policies and procedures.
The Appeal
Hyatt appealed the verdict, contesting the punitive damages awarded by the jury, totaling $149 million, alongside $28 million in compensatory damages. Hyatt argued that insufficient evidence justified the punitive damages. However, the Missouri Court of Appeals rejected Hyatt’s claims, emphasizing that substantial evidence demonstrated the company's "conscious disregard" for guest safety.
The panel noted that Hyatt hindered police investigations and failed to assist the victim effectively. As detailed by Judge James M. Dowd, Hyatt’s actions included denying the victim access to electronic key records and obstructing law enforcement’s inquiries. The court found that Hyatt's behavior during the investigation and trial illustrated a corporate priority of self-preservation over guest welfare.
The Trial
During the trial, evidence revealed that Hyatt violated its policy to assist crime victims and delayed police access to critical information, such as surveillance footage and key records. When Hyatt learned D.W. planned to leave town, the company failed to notify authorities. The appellate court found these actions indicative of corporate misconduct, which undermined both the victim’s case and police efforts.
The court also upheld the trial’s admittance of D.W.'s arrest history, which included multiple allegations of deviant sexual behavior. This evidence was deemed relevant to the negligent hiring claims, as Hyatt failed to conduct a thorough background check during the hiring process.
The Law Firms Involved
The plaintiff was represented by Davis Bethune & Jones LLC and Bartimus Frickleton Robertson Rader, whose combined efforts secured the jury’s substantial award. Hyatt retained Robertson Law Group for its defense. These law firms played crucial roles in shaping the litigation and appeal strategies, ultimately influencing the outcome of the case.
For more information about these firms, visit Davis Bethune & Jones LLC, Bartimus Frickleton Robertson Rader, and Robertson Law Group.
What’s Next?
The verdict sends a strong message to the hospitality industry regarding the repercussions of failing to prioritize guest safety. While Hyatt may pursue further appeals, the judgment reinforces accountability measures for corporate negligence.
This case highlights the legal and reputational risks companies face when neglecting their duty of care, particularly in hiring and supervising personnel. The affirmation of the punitive damages underscores the judiciary’s stance on corporate responsibility and the importance of enforcing policies designed to protect individuals from harm.
About the author
Zach Barreto
Zach Barreto is a distinguished professional in the legal industry, currently serving as the Senior Vice President of Research at the Expert Institute. With a deep understanding of a broad range of legal practice areas, Zach's expertise encompasses personal injury, medical malpractice, mass torts, defective products, and many other sectors. His skills are particularly evident in handling complex litigation matters, including high-profile cases like the Opioids litigation, NFL Concussion Litigation, California Wildfires, 3M earplugs, Elmiron, Transvaginal Mesh, NFL Concussion Litigation, Roundup, Camp Lejeune, Hernia Mesh, IVC filters, Paraquat, Paragard, Talcum Powder, Zantac, and many others.
Under his leadership, the Expert Institute’s research team has expanded impressively from a single member to a robust team of 100 professionals over the last decade. This growth reflects his ability to navigate the intricate and demanding landscape of legal research and expert recruitment effectively. Zach has been instrumental in working on nationally significant litigation matters, including cases involving pharmaceuticals, medical devices, toxic chemical exposure, and wrongful death, among others.
At the Expert Institute, Zach is responsible for managing all aspects of the research department and developing strategic institutional relationships. He plays a key role in equipping attorneys for success through expert consulting, case management, strategic research, and expert due diligence provided by the Institute’s cloud-based legal services platform, Expert iQ.
Educationally, Zach holds a Bachelor's degree in Political Science and European History from Vanderbilt University.
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