Marriott Blames Mother Raped in One of Its Garages in Tort Lawsuit

200px-Marriott_Logo.svgStamford Marriott Hotel and Spa has allowed its attorneys to aggressively pursue a mother of two children who was pulled into her van and raped in front of her children in a Marriott hotel. Marriott now asserts that the 40-year-old mother was responsible in the attack, failed to “mitigate their damages,” and has sought discovery from friends and neighbors. The move led to a predictable backlash among the public.

The counterclaim and discovery is standard in a torts action, though lawyers and clients often fail to see the objections to pursuing a sympathetic victim.

On Oct. 10, 2006, Danbury native Gary Fricker, 56, forced this mother to take off her clothes and then raped her under threat that, if she didn’t comply, he would rape her children. He received a 20-year deal — which I view as a bit light when you consider his act in kidnapping the family, threatening a 3 and 5 year old with rape, and the use of a gun. The prosecutors may have felt compelled to accept a deal to spare the women and her children from a traumatizing trial. However, she now suggests that Marriott has more than made up for the experience.

The mother has also asserted the right to anonymity, but her lawyers insist that the hotel has identified her to her pilates instructor, friends and tennis partners, a house cleaner, and a baby sitter through its private investigation.

The question is whether the lawyers have gone too far or are simply doing their due diligence as advocates. After all, it is a bit unfair to bar discovery to a defendant to protect anonymity in a civil — as opposed to a criminal — case. The victim elected to file the action and Marriott has a right to defend itself.

However, this still does not entirely justify an aggressive litigation approach or a decision not to settle the action. Justice may be blind but lawyers are expected to see the implications of their strategic decisions. As we have seen in other cases, companies often allow lawyers to adopt aggressive approaches toward sympathetic parties only to drop the claims after public ridicule. Lawyers are trained to win cases or lower damages. Yet, good lawyers will raise the public relations implications (and indecent aspects) of a litigation strategy with their client. As in these earlier cases, Marriott has now dropped the claim of contributory negligence — after infuriating the public and tarnishing its corporate name further. Marriott attorney Donald Derrico, however, insists that they never revealed the name of the victim and would conduct any discovery with care. The legal strategy, however, succeeded in bringing national attention to the alleged dangers of Marriott properties and the view of Marriott as a heartless and careless corporation. It not only tarnished the corporate image but likely convinced many to avoid the chain entirely. A considerable cost before the parties even enter court — and long before any jury verdict.

In one of the most disturbing claims, Marriott alleged that the victim “failed to exercise due care for her own safety and the safety of her children and proper use of her senses and facilities.” It is a pretty outrageous argument when one considered that she allowed herself to be rape to keep her children from being raped.

Here the mother is claiming that Marriott knew that the man was acting strangely on the property for days before the attack. She also claims that he was known to be acting strangely that afternoon but security did not act to apprehend him or call police.

For the full story, click here.

55 thoughts on “Marriott Blames Mother Raped in One of Its Garages in Tort Lawsuit

  1. Exhibitionism is a form of “sexual paraphilia”. If your girlfriend is exposing her sex organs, especially in public, she can very easily wind up in the “clink”. Flashers that wear rain coats and flash people at bus stops are also “exhibitionists”. Just because your girlfriend is doing it does not make it O.K. or legal. This condition usually becomes less severe after the age of 40, normally a “cool down” period will take place in either men or women, primarily in men though.

  2. useyourhead,
    My error. Even my follow up didn’t rectify it. I meant to say that cunnilingus is extremely important, if not the most important factor in attracting and keeping a woman’s attention. I wrote my comment stupidly. However, while my first two sentences were badly done, the rest of my rejoinder to you was clear and I feel on point. You have tried to hijack a rape issue into a discussion of sex and that is inappropriate. Secondly, the crudity of your discussion is also inappropriate. If you want to discuss sexuality I’ll be happy to instruct/inform you in another forum. This is not the place for it and I say that not out of prudishness, but out of a sense of what this site is about.

    “She likes to watch and be watched. The whole world is her bedroom, and believe me, she likes to play games and things that might be a little dangerous.”

    Ho hum, been there done that probably years before you were born. You may protest but you are just as much the exhibitionist that she is judging by your own words and you’ve chosen the wrong place to try to get off on. You took the rape issue as a way to get your jollies inserted and to be honest your jollies are just boring to most of us.

  3. Usually if a woman is “acting out” in such a fashion it is due to some time of marked distress or interpersonal difficulty. Maybe your girlfriend needs to go to counseling, maybe you too..

  4. Billy: No I don’t think I could write for Penthouse Forum. My life is mild compared too what is written in there. I really haven’t checked one out lately, but I assume it’s the same as before. This is not “blue” material. This is a sexual revolution that will change the world, you’ll see. Let the doubters doubt. You just stand back and watch the world transformed into something people didn’t dare dream about, because they they could never begin to think this could possibly happen. And they talk about God.Put those Bibles down and follow the real light. The true path, The sexual path. Talk about a revelation. Forget about “Revelations” The real paradise is going to be here.

  5. Buddha is Laughing: Intellectually, your way above me. I have no idea what “Niedermeyer” means.I’m not really sure if I want too.

  6. I have had the opportunity to read your posts, ‘useyourhead”. You clearly enjoy writing about human sexuality, in a very “hardcore” manner. You write as if you were a borderline sexaholic, due to sounding so preoccupied with oral sex and the impending “sexual revoultion”.

  7. Billy: There’s no law that says a woman has too wear panties. She’s not wearing a rain coat and flashing people at bus stops.Now if she’s wearing a short skirt not realizing that somebody is walking by her car as she is getting out, and she’s not being careful, she hops out of her car, her legs gapped open and she reaches over on the seat too grab her purse, the guy slows down and looks straight down at her pussy for three or four seconds, it’s not her fault the guy is trying too look up her dress, even if it was accidently on purpose you can’t arrest her for being a little careless.What are you going to do, make a citizens arrest, take her to court and tell the judge she accidently opened her legs and you saw her pussy. The judge will have to take a look at the evidence too make sure she’s not a tranny, and that you actually did see pussy. She might ask for a jury trial. She’ll have to lay on a table in front of the jury and spread her legs so they can inspect the evidence. I think she’ll be aquitted. She’ll probably be so turned on, wet, and pussy juices running down her leg the judge will stand on the defense table and let her give him a blowjob. He might let her give you and the jury a blowjob. She’s going to win all the way around, so you might as well just check out her pussy when she’s getting out of the car, enjoy it, and just move on. Let her go forth and suck cocks. That’s what she and all other women want anyway. Let her and all other women be exhibitionists, thats what they’re here for. Pussy is power.

  8. Billy: I forgot. If the jury is not comprised solely of men, she’ll be eating some pussy too. That won’t be a problem. In fact she’ll be much happier with her day in court.

  9. So what can we learn from Useyouhead from his writings?

    1. He is sexually immature and probably has limited experience with it, except by his own hand.

    2. If heterosexual, one can’t really tell due to his immaturity, he has a hard time finding any woman to be with him, except perhaps for hookers and lap dancers.

    3. He has exhibitionist fetish proclivity and quite likely a background of exposing himself in public.

    4. Writes like he’s about fourteen years old and gets his sexual information from Screw Magazine.

    5. He is probably a bully and potential sex offender, because I suspect he would invariably take the side of power (Marriott) against the individual.

    6. Women frighten him greatly and so he has to degrade them in his writing.

  10. No, so far everything you’ve said has been bullshit, useyourheadforadoorstop. Why should your assertion you love women be any different? (Rhetorical)

  11. Mike Spindell: I’ve heard about Screw Magazine, Didn’t know they still published it. All that aside, with all this Tiger Woods stuff going on. I bet you can’t look at his wife Elin, and not wonder if the carpet matches the drapes. Some of those Scandinavian girls have straight soft pussy hair. I kinda think hers is like that, or maybe it’s a little more curly and coarse. How much carpet is down there? I bet I’ve got a better chance of getting my head between her legs to find out, than Tiger does right now. He’s to busy, off fuckin other white girls. What’s wrong with black pussy, it’s just as good. maybe it’s that old taboo thing. Generally it’s the white girls going after black cock. I love the contrast of a black dick going in and out of a white pussy. When he’s pumping her full, you can see the white cum all over his dick and her pussy. After he’s finished and his cum is oozing out of her pussy, tell me you wouldn’t eat that thing. I’d love to do that with with Elin, so would another ten million men AND women That bitch has got it going on. Now we find out she has a twin sister. Imagine those two blonde pussies(and you know they both have blonde pussy hair) In bed with you, one suckin your dick while you eat the others pussy. Tell me you wouldn’t like too see their pussies. I bet you think about them the next time you fuck your wife. You better be careful, Tiger might be fuckin her. as far as your list above. Some fit some don’t. “Exhibitionist fetish” yes.”hard time finding women” there’s a lot of women out there that like to play, so that would be no. “Bully and potenial sex offender” ?? WTF. We could go on, but what the hell. I’ve never hurt anyone nor would I like too. I do have a fantasy of watching a real rape. Fantasy and reality… We won’t even go there…Have a nice Christmas, and keep your eye out for Elin, she’s probably horny as hell by now, and you might be the one. If you’re able to hit that thing, we’d like to hear about it. And a happy new year also.

  12. useyourhead,
    Once again you’re proving every assumption I made about you. Given your proclivities I would support that most Trappist monks get more sex with other people than you do. Your five finger exercizes represent the closest you get to eroticism, unless you have to pay for it.

  13. Mike: Trappist monks? I don’t know anything about Trappist monks, so I can’t really knock it. Are there Tarppist monketts. Assuming they sit around all day praying, chanting or whatever it is they do. Day after day of this type of thing, I should thinks those monketts would be getting horny as hell. Certain things they can’t control. I bet their hands are busy under the covers come nightfall. I don’t know what they wear, again assumming they’re any. There must be. There would have too be something for the monks too amuse themselves. What a waste that would be, big vulvas, fat labias, big clits, and ole so wet and juicy. You know there’s got too be some monkett munching after lights out. You know there’s gotta be some moans and groans, and sucking sounds coming from the monk side too. Not that this has anything too do with monks a monketts, but it reminded me of something. We used too know a nun(ex nun)about thirty years old. Tall, pretty, just totally sexy. We played cards, smoked a few joints, that kind of thing. Pot made her horny, I could tell. Her dress or skirt just couldn’t seem too stay down when she was stoned. Nice. Hard too keep my eyes off her long legs knowing what was up there. Wondering just what it looked and tasted like(it’s not everyday you get too eat a nuns pussy). One day a dog got got hit by a car in front of our place. We went out to help. She squated down too comfort the dog. The dog was fine, just a little scared. What a great opportunity. I moved around in front of her so I could look up her dress. Pretty good shot up there. I still think about those long legs and the surprise at the top(EX NUN PUSSY). They moved away damnit. I won’t even get into her nipples. I’ll tell you one thing, God was looking after her in the sex department. I don’t know why he ever let her get away. When I see a nun today, well you know, you gotta wonder whats up there. Does she ever get an urge too suck cock? Would she swallow? is she walking around horny and wet? Interesting thoughts. Well whether it be monkett pussy, or nun pussy, I want some. I bet you wouldn’t turn it down either. I am going to check out Trappist monks, and if there are no monketts, count me out. Probably won’t hear from you, it’s been a while, I’ve been busy.

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