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By Joe Meyer, Columbia Daily Tribune,
Mo.McClatchy-Tribune Regional News
October 13, 2008- Three children of a hotel manager shot to death last year have filed a wrongful death lawsuit against two national hotel chains, claiming security measures were not increased after another clerk was raped at the same hotel days earlier. Cynthia
White, 55, was working alone early Nov. 24 at Comfort Inn on Clark Lane
when
22-year-old Dwight Hayes entered the hotel and shot her once in the
head.
White’s death occurred after another clerk was raped on Nov. 15
when
the hotel
was called Fairfield Inn. A
Buchanan County jury convicted Hayes in June of White’s
slaying, and he
also
pleaded guilty to the Nov. 15 armed robbery and rape. Hayes, who has
been
sentenced to a life prison term plus 55 years for the 10 felonies, also
is
listed as a defendant in the wrongful death lawsuit. According
to a petition filed in July in Boone County Circuit Court, the two
hotel chains
- Marriott International Inc. and Choice Hotels International Inc. -
failed to
address security issues after the earlier attack, particularly by not
installing surveillance cameras, hiring a security guard or changing
the locks
on the doors. Marriott
is the franchiser of Fairfield Inn and Choice Hotels is the franchiser
of
Comfort Inn, the court document said. Kansas
City lawyer Stephen Bough represents plaintiffs Ernie, Troy and Brooke
White.
He said the hotel chains not only had inadequate security measures,
"but
they knew they had inadequate security." The
lawsuit makes several references to White being raped, although Hayes
was not
charged with rape in her death and no evidence of a rape was presented
during
his trial. "Dwight
Hayes ultimately raped and murdered this wonderful woman, Cynthia
White,"
Bough said, "but these hotels had a duty to protect their guests and
employees." Phone
messages left with attorneys for Marriot and Choice Hotels were not
returned. "We
just got all that paperwork, so we haven’t started doing
anything,"
said
hotel owner George Pate of Jefferson City, who is not listed as a
defendant. Pate said
the hotel was equipped with a panic button for security. Surveillance
cameras
were installed shortly after White’s death, but Pate said they
might
not have
prevented her murder. "Cameras
are not a guarantee that nothing would happen," he said. "If somebody
wants to do it, they’ll do it anyway." According
to the petition, Cynthia White "spent the last week of her life in fear
of
being a victim of a violent crime." The other clerk who was attacked
earlier had not returned to work, and White was forced to work the
overnight
shift alone, the petition said. Columbia
hotels were experiencing a "substantial increase in violent crime" in
November 2007, according to the petition. The court document mentions
an
attempted break-in at Hampton Inn on Clark Lane that authorities said
Hayes was
responsible for and an assault and attempted kidnapping of a woman at
Residence
Inn off Clark Lane. Hayes
targeted hotels without security measures, the court document said. "After
the first rape, there was more time spent by defendant’s
Fairfield Inn
by
Marriott and Comfort Inn finalizing the change of the franchisor rather
than
figuring out how to protect the people, including Cynthia White, inside
the
hotel during the overnight hours," the petition states. The
lawsuit seeks an unspecified amount of punitive damages. A hearing
scheduled
for last week was continued at the request of Choice Hotels, and a
trial date
has yet to be set, according to court records. Reach
Joe Meyer at (573) 815-1718 or [email protected].
----- To see more of the Columbia Daily Tribune, or to subscribe to the newspaper, go to http://www.columbiatribune.com/. Copyright (c) 2008, Columbia Daily Tribune, Mo. Distributed by McClatchy-Tribune Information Services. For reprints, email [email protected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. |
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