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. Mike Spindell: Mike,Mlke, Mike, I must have misunderstood what you are saying. Please tell me it is so. Are you saying most women are interested in men that don’t eat pussy. I don’t have statistics in front of me, I suppose we could find some, but I’d be willing to bet, if I gambled, and I don’t, if you asked one hundred women if they perfer that their lover eat pussy, or would perfer that they don’t eat pussy, that ninty-eight percent would say “oh baby eat my pussy” maybe even one-hundred per cent. No I’m sure there are women that don’t want to have their pussy eaten. I’ve never been with one, or heard one say that. Sometimes you have a few, or quite a few drinks, say at a party or get together, and a lot of crazy topics come up. Hell, sex always comes up, and it always leads to oral sex. People become uninhibited, to say the least. I’ve heard women say they weren’t really crazy about giving blowjobs, “I like it but I don’t like to swallow” or “I do it for my man” or that their crazy about, and do it for themselves as much as for their guy. Every kind of response, but can honestly say I don’t ever recall hearing a woman say she didn’t like to be pleased orally. Doesn’t mean there’s not any.There’s probably plenty. Women can get pretty raunchy and wild just like men when there’s alcohol involved. Their not shy, and I can pretty much say they all want their muffin munched on. I think you know my position. I pretty much want to eat the pussy of most every woman I see. Now you’ll say I see women as sex objects, but I don’t, I just see their pussy as a sex object,and that’s a good thing. It’s not about me anyway. I just always start rambling. Getting back to women and oral sex, from everything I read from print or different forums on the internet more women can’t orgasm from just intercourse. They perfer oral stimulation of their clitoris, or they can masturbate to orgasm either with their fingers or sex toy, vibrator etc. But to deny a woman oral sex because you don’t particuularly like it is wrong, in my opinon. She probably does things for you because she likes to see you pleased and satisfied that she’s not really crazy about. But after we implement the plan for world peace through sex appreciation it won’t matter anyway. I talk a lot shit about blowjobs and pussy, but it all comes from your mind when you get right down to it, we all know that. You can convince yourself to love, crave, anticpate something that you’re so excited about, you can hardly keep your yourself together, you want it so bad. It doesn’t take long for a girl who didn’t like to suck cock or swallow, because maybe she didn’t like the taste, to come to the realization that she likes it more than anything in life. The same goes for guys that thought they didn’t think they liked to eat pussy. You just have to say the right thing so that their mind loves what they thought they didn’t. They’ll all go crazy and change the world. there’s not anything that you can think of that’s better than licking and sucking on a woman’s clitoris and feeling her orgasm, or for a woman to suck and stroke a man’s cock until she gets it to explode in her mouth and down her throat. Nothing. They don’t even realize how close they are too a bliss they never dreamed could exist. As far as my girlfriend is concerned, trust me, she knows what she wants, and it’s her that decides what she likes and does. She’s an exhibitionist and a voyeur. 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. I don’t want us to get arrested. When she wants to play games and lead guys on, she can do with her legs and skirt and depending on what she wants to let them see, as any woman can, can lead them around by their dicks. Pussy is power if they want it to be.Ninty-nine percent of the time it’s just for fun. If they choose to use it for something else. So be it. Women are just as smart or smarter than any man. Now if it wasn’t for STD’S, we’d do a hell of a lot more crazy shit than we do now. I love to watch her with other men, especially orally, her preference too. I’m rambling again, so I’ll leave you with some words of wisdom. “You and everybody else,EAT YOUR WOMAN’S PUSSY,SHE NEEDS IT”

  2. Useyourhead, I think you are “thinking” with the “wrong head”. You should be writing for Penthouse Forum, there is a market for this type of “blue” material. You need to take a cold shower and roll around in some thorn bushes. This might cool the fever in your blood……..

  3. Anonymously Yours: No no, your missing the point. I was getting ahead of myself. There’s no way you could have understood what I was getting at, as I had yet too reveal my plan to turn this nation into a utopia of sexual bliss. I didn’t even have important details worked out, just the idea that I was onto something that would change this world, or certainly this nation at least, into something not even considered possible before. It was a bad choice of words, implying that someone deserves sexual abuse, of course they don’t. That “she should have just complied” has nothing too do with it. She would have eagerly jumped at the chance to perform a blowjob on this guy,as women will be looking constantly for this type of pleasure. Once we are ALL reconditioned to understand that sex in many forms is the key that drives us too happiness and success, and the only way that will eventually bring about world peace. Every day that goes by the world be a happier place. What makes you feel better than sex? Nothing. The problem here is that there were children present. Common sense must prevail, and it will take some longer too grasp this. The proper thing too do in this situation would have been to approach this young lady, let her know how horny he was, and discreetly ask if she was in the mood too suck cock. More likely than not she would have been craving it. Some at first won’t understand that at times she will be to busy, and at times she will, unfortunately for her, have to decline. Instead, not using any common sense, he forces himself on her. Disgusting and totally not necessary. Take a minute too talk to her, and it’s almost a sure thing she will suggest they take a quick trip to Dairy Queen, and while the kids stay inside eating ice cream, she and her new friend will go out to the car, and she’ll blow him. She gets what she wants, he gets what he wants, the kids get what they want. Everybody’s happier than they were fifteen minutes before, and the world is a little more laid back, and happy too. Taking time to write what you should really understand in yhe first place, is very time consuming. I wish Sigmund Freud were still alive. He would be able to explain this so simply. We’re not treating women as sex objects, we’re giving them the chance to experience what it is they’re wishing for all the time. They’ll also have the chance to have oral sex performed on them any time they wish, which as men is what we are craving all the time. If you’re at the mall, do you ever see a woman, and not wonder what her pussy looks like, tastes like, the intoxicating scent, each one different. It would be impossible not to think about her vulva, is she shaved, is she hairy, are both labia visable at all the time, how big is her clit? Not that any of this matters, ther’re all perfect, just different, each and every one. The wonderment of what lies beneath her jeans or skirt or whatever she’s wearing. You have to wonder, is she wearing panties? what kind, if a thong, when she bends over, does her labia majora overflow the sides because it’s so large. How wet is her pussy right now, if she’s looking at you or another man, you know she’s thinking about you cumming in her mouth, and how much you ejaculate, and how you taste. If so, you know her pussy is soaked. When did she last orgasm. Wouldn’t you like to see her masturbate to a mind blowing orgasm with her not realizing your watching. When was the last time she was fucked. It could have been twenty minutes ago, even though she cleaned up, there will still be a little bit of semen leaking out of her, and say she didn’t have an orgasm. She will be so juicy, wet ,and horny,looking at you thinking blowjob and really needing to have her pussy eaten,I meam she’s gonna be on fire. This is where colored coded cards or numbers come in, worn by both sexes indicating what, if anything, you would like to have. She’ll go up to a corresponding code and tell them what she’d like done to her right then. If no code is displayed, you’re not in the mood and will not be bothered. There will stalls in shopping malls, stores, any public places. You’ll do what you want too do, then be on your way, smiling and satisfied. It won’t matter if husband and wife, or girlfriend, boyfriend are with each other, if one’s in the mood for something and the other is not, they’ll wait for their partner to be satisfied, and then go on with whatever they were doing. It will just take mere minutes as everyone will be so skilled at these activities. There will be no jealousy,it will not exist anymore. We will be so content with our sexual satisfaction,there will be no fights, crimes wars etc. Think about it, no prisons or jails. Those were just a few things I mentioned earlier when I spoke about what you think about when you see a woman. Not all those things all the time, and there could be other things sometimes, but her pussy is pretty much a given. We’ve not yet begun, and there is a lot of work to do. Seems to me I wrote the other day too a woman about the things a man thinks when he sees a woman, and the bitch deleted it.Maybe we were talking about rape fantasies. All men and women have fantasies about those kinds of things at one time or another. Reality and fantasy are not related. Oh well that’s another story. There are so many ideas to implement this plan for world peace, but it must really begin with blowjobs, and how to teach these young women, but everything has a beginning, then we’ll move forward from there. Sadly until this plan is fully operational, hopefully no more than two or three years, we will still see from time to time tragedies such as the one that ocurred at the Marriott.

  4. useyourhead,
    I don’t know you but from your last comment I have one word for you to ponder: cunnilingus. Many men in America can’t or won’t do it. curiously, are the ones who do get the most interest from women. Your obsession with yourself and your pleasure is obvious and in that you seem to be a typical American guy when it comes to women: clueless. Good sex is not about what you do, but about the pleasure two (or more) can have. Your injection of your theories on oral sex into this discussion is absurd.

    Any person, usually male, who gets off on taking sex involuntarilly is a sick pig of a human being and the action has nothing to do with pleasure, but with an abnormal need for power. Please, don’t tell me that your girlfriend is right there with you on this, because the truth is you don’t even really know if she enjoys having sex with you, or has other motivation. In trying to turn your faux pas into adult discussion, you only manage to make yourself appear more childish.

  5. useyourhead,

    I think you need to reexamine your statements and motives. NO ONE DESERVES SEXUAL ABUSE. If you are saying that she should have just complied, I think Blackwater has a job for you. You may even get lucky and hit by combatant fire.

    I am sure if you were in the actual military you would be shot by the so called friendly fire.

  6. Buddha: What I’m saying is not “Bullshit”. What started out sounding like a”joke”, is anything but,I assure you. When you say “objectifies women”,now that’s “Bullshit”. All of us, men and women know what their most valuable asset is. Any woman is capable of anything a man is. It doesn’t make them an object just because one part of them is more valuable than another part. Pussy is power. But let’s forget about that,we were talking about oral sex. I know you’ll dismiss what i’m about to say without even thinking about it, and that will be a mistake. This country lacks direction right now, and this will go a long way in turning it around. Now promise me you’ll give this serious thought, and you’ll understand i’m right. Blowjobs. Go ahead and laugh. Everybody thinks any change is too radical, too liberal,blah, blah, blah. We lack behind most major countries in eduction, life expectancy, etc. etc. Check out the internet and you’ll find most people think Asian girls give the best blowjob. We can’t even do that right, and I know that pisses off American women. We,re going to start teaching them the proper way. Still doubt me, I know. When I get this piece of legislation passed, you’ll change your tune. You’ll see. Classes will start senior year in high school. They’ll get a BJ certifcate when they pass the class. If they fail they’ll still graduate, but they’ll need to get this certifcate before they turn nineteen, or things like driving privileges will be suspended. In fact different motor vehicle deptpartments in each state will be a good place to take care of most of this information. Each BJ certificate will have a number, like your social security number. It will cut down on identity theft. When they renew their license, they renew their BJ certifcate at the same time. There will be men also renewing their license. All a woman will have to do is pick one, and give them a BJ. The man will score them on a scale of one to ten.As long as their six or above,they’ll pass. If they fail, they’ll have sixty days to get their certifcate. They can come in as many times, or whenever they like. I know many women are shy in public. If they want to they can put a towel over their head(no pun intended). If their head is bobbing up and down, people won’t pay it any mind. They know their just taking a test. Better yet, we can put ten or fifteen stalls down one wall with a curtin. Keep the curtin say, twenty-four inches off the floor, that way if people see a couple of feet and somebody on their knees, they’ll know not to barge in, thus insuring privacy.There will be many details to work out as with any new program. Your probably still a bit skeptical, I know. Change can sometimes be confusing. Give it a chance. Listen to what the women have to say. They’ll tell you this idea is brilliant. This will boost the moral of this country significantly. The women will realize an even greater importance. They will become so proficient at this,thus claiming the crown from the Asians, making this a better nation. I know women and the Gay community will endorse this one hundred percent. Yes males will be able to sign up for this program if they wish. There’s to much to give you all the details now. I have many ideas. A program will follow for males to become more proficient at performing oral sex on women. There are men that actually balk at this activity, which I find a bit unbelievable, but it’s true. This definitely indicates some type of mental illness. We’ll be able identify at an early stage people that pose a threat to society, thus preventing tragedies such as columbine, Virginia tech, and many others. I wish I had time to go into more details You’ll find them fasinating. I have to go, as i’m already late. I can’t take all the credit for this as my girlfriend is involved also. I’ll fill you in later.

  7. “I really do love women.”

    Bullshit.

    At least in the sense most people would mean it.

    There is a difference between loving a person and an object. The fact you cannot see your “joke” objectifies women, well that just shows you’re not very smart.

    Anything else to add Mr. She Should Have Given Head? Or do you plan on this being a long term display of stupidity and back peddling?

  8. Anonymously Yours: Wow, a sociopath or a psychopath. They both seem one in the same too me, but I don’t really know. It might cool to be one. Some things fit. I could have empathy and sometimes stimulation, for the same thing. That’s weird. We were talking about women. I love women by the way.Take for instance all that has been in the news lately about the young women in Iran that have been sentenced to death,some probably from this latest uprising. A horrible situation indeed. We all know under their law a virgin cannot be executed, as a virgin would go to heaven,and higherups want her to go to hell. so someone has to marry her,have sex with her, then they can hang her. Some say it is rape, but rough sex might be a better term. It sounds like an interesting job. I wonder how much it pays? What do you call it? Professional husband? Anyway their going to kill this young woman no matter what. Would you take the job. If not someone else will. Is the rape/roughsex her whole sex life, beginng and end. That would suck(no pun intended). Now let’s look at this logically. After you’ve finished your job as the husband,let’s not get hasty. Now we don’t want too hurt this young woman, but would you be a sociopath/psychopath if you say maybe we could recoup some of this money we’ve spent holding this young lady in prison for God knows how many months, feeding and clothing her etc. Not too mention the cost of a trial. Would it be wrong too put her in a cell with ten or fifteen sex offenders, and videotape it. Their not to inflict any pain. Again it would just be rough sex, which a lot of women enjoy. It would also add too her very limited sex life,which so far has just been that one encounter with you. You probably couldn’t sell this tape in the U S as it would appear to be rape, even though it was consenual. She would be asked to sign a statement agreeing to the arrangement. I’m sure she would jump at the chance as it could be the last time she might experience any fun sexually. This tape could be sold in many countries other than the US generating a great amount of revenue. If she didn’t want too stop there, and wanted the chance too experience more, she could choose from many activites. If she wished, line a hundred men up, let her get on her knees, and go down the line doing each one. See how much semen she could ingest before she threw up. She might do all one hundred, and love it.How much semen would a hundred men produce? She’ll decide. I think she’d keep going, afterall their just going to hang her when she’s done. Again you’ve got a video that would produce more revenue. As long as she’s producing revenue for the state, let her continue. There’s plenty of ideas. Let her get out and enjoy some sunshine and fresh air. There are many remote places in Iran where people live in poverty. They can’t afford to buy sex. I bet she’d love too take a ride out in the country and do bj’s for twenty-five cents, intercourse fifty cents, both sixty-five cents. She lives on. I don’t want her too die. Therefore I have empathy. at the same time I may find her sex life stimulating. Completely consenual. This is a real party girl. The marriage part bothers me though. We’re not really sure she wanted to marry the husband that was appointed to her. That would be you, assuming you took the job. Does that make me a sociopath/psychopath? I don’t know.Very interesting.Buddha thinks i’m a misogynist. Now that hurts. I really do love women.

  9. useyourhead,

    Are you sure that you are not into politics? Man, can you doublespeak or are you a Prosecutor or a disgruntled LEO? If you are none of the above, I would say that from what I know and its not much on this subject, you are a soiopath.

    See types of persons that fit this profile:

    Profile of the Sociopath
    * Glibness and Superficial Charm
    * Manipulative and Conning
    * Grandiose Sense of Self
    * Pathological Lying
    * Lack of Remorse, Shame or Guilt
    * Shallow Emotions
    When they show what seems to be warmth, joy, love and compassion it is more feigned than experienced and serves an ulterior motive. Outraged by insignificant matters, yet remaining unmoved and cold by what would upset a normal person. Since they are not genuine, neither are their promises.
    * Incapacity for Love
    * Need for Stimulation
    * Callousness/Lack of Empathy
    * Poor Behavioral Controls/Impulsive Nature
    * Early Behavior Problems/Juvenile Delinquency
    * Irresponsibility/Unreliability
    * Promiscuous Sexual Behavior/Infidelity
    * Lack of Realistic Life Plan/Parasitic Lifestyle
    * Criminal or Entrepreneurial Versatility
    Changes their image as needed to avoid prosecution. Changes life story readily.

    See the Link: http://www.mcafee.cc/Bin/sb.html

  10. Anonymously Yours: No, I really was concerned about his BP. Hypertension kills way too many people in this country every year. It just sounded like I really aggravated him, and I didn’t mean too do that.I know myself, aggravation can seriously raise BP and i’m glad he’s OK.

  11. AY,

    Generally I have no issue with that, however, that “joke” was so vile, eh, moron is the nice version of what I was thinking.

  12. Buddha,

    Not to jenk’s this but it is nice that everyone has been playing nice. Disagree without making it personal.

    “useyourhead” has misogynist tendencies and don’t stoop to his level. When he or it asked how you BP was it was my clue that its only intent is to incite.

  13. Buddha: When you get too the part where “here’ is substituted for “the” please don’t come unglued. If you correct my grammer, punctuation, etc. you’ll be up all night. Remember your blood pressure.

  14. Buddha Is Laughing: The problem here might be that your getting things a little mixed up. You mention “neck weight” and “brains”. Don’t forget there’s two different heads now. I was talking about the important head. As far as rape, that’s a serious crime, and should be treated as such, with serious consequences. Now as far as forced oral sex,well that’s a violation also,and you should be written a citation right there on the spot, kind of like a parking ticket. If you should accumulate too many unpaid citations, well don’t be surprised if you walk out one day, and discover that your car’s been towed. You’ll have no one too blame but yourself. It’s your responsibility too take care of these matters. Not too change here subject here,but “blowjob” looks better written as one word. If it’s not proper,it’s not proper, but blow job just doesen’t look good, and besides, I make my own rules.

  15. useyourhead

    Crude, yes, undoubted. But the word I was thinking of was stupid. Or was it misogynistic? No matter. All of this begs the rhetorical question of what exactly do you useyourhead for because you demonstrate that it’s clearly not for thinking. The leading contender seems to be “neck weight” but Vegas is giving even odds on “booger factory”. Given that you’ve yet to demonstrate that the crude bit of skull filler you call a brain is suitable for anything other than keeping your skull from collapsing under the weight of your Neanderthal brow ridge, how did you ever figure out you were being insulted between between posting and clubbing womem to bring back to cave? One would have to think (the ones capable of thinking that is) that that little routine alone would about max out your processing capacity.

    Would you care to say something else stupid about oral sex as an alternative to rape/rape prevention technique?

  16. Buddha Is Laughing: Perhaps my comment was a bit crude. My apologies. How on earth did you ever figure out what I was saying with the “womem’ and the “blowjob” thing.

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