Gargano v. Wyndham Skyline Tower Resorts, Docket No. 11-1012 (U.S.D.C., Nov. 2, 2012)

Sufficiency of evidence for claim of negligent hiring and retention.

The plaintiff claimed that she was sexually assaulted by a Wyndam employee while she was in the course of her work duties. The plaintiff alleged that Wyndham was on notice of its employee's reputation for a quick temper and that he was involved in at least two incidents of aggression. In dismissing the claim, the judge concluded that the prior incidents were not sufficiently similar to put Wyndam on notice of the potential for a sexual assault.

Case Law Alert - 1st Quarter 2013