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Verdicts & Settlements: Premises Liability

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Mishandling of medical emergency

February 14, 2019

Kari Dunn, 31, was separated from her husband, Brad Dunn, who rented a room at the Baymont Inn & Suites so that he could visit the couple’s three minor children. Kari dropped the children off in the room and then went into the bathroom. Brad followed her, and the two had an altercation during which Brad stabbed Kari at least 20 times. One of the children, who was 9, attempted to call 911 from the room but was not aware she needed to dial 9 to get an outside line. The children also ran from door to door in the hotel hallway and asked for assistance from two hotel workers, who did not help them. Finally, other hotel guests called for help; however, Kari died. She is survived by her parents and three children.

Kari’s parents sued the hotel owner, alleging its staff had mishandled a medical emergency. The plaintiff claimed that had hotel staff acted properly, including calling 911 when Brad was witnessed leaving the hotel with blood on his clothes, Kari would have survived the stabbing. Suit also alleged that the two hotel workers, who did not speak English, violated their training by failing to summon an English-speaking supervisor when they did not understand the children’s cry for help.

The jury awarded $41.55 million, finding Brad Dunn 80 percent at fault. The parties settled with the hotel after trial for $2.4 million. President Trump has signed “Kari’s Law,” which requires multi-line phone systems to provide direct-dial access to emergency assistance by maintaining a default configuration enabling users to call 911 without a prefix.

Citation: Hunt v. OM Lodging LLC, Undisclosed Dkt. No. (Tex. Dist. Ct. Harrison Cnty. Aug. 2018).

Plaintiff counsel: D. Scott Carlile and Casey Carlile, both of Marshall, Texas.