Lieff Cabraser Nashville office managing partner Mark Chalos continues his Tennessean streak (subscription) with post-trial commentary on the Erin Andrews case, concurring with Ms. Andrews’ attorneys that her insolvent stalker should not be responsible for any of the $55 million judgment won earlier in March by Ms. Andrews. “Presumably if the hotel owner and operator are held responsible for the entire amount of harm caused, then Ms. Andrews would have a higher likelihood of recovering more of the judgment amount,” said Chalos.
The jury held the West End Hotel responsible for failing to prevent Ms. Andrews’ stalker from booking an adjoining room, assigning the hotel and its operators 49% of the blame (with 51% assessed to the stalker himself). Such a division will reduce Ms. Andrews’ deserved recovery, as her stalker purportedly is broke.
Andrews’ attorneys’ new filing seeks to fix more of the blame upon the hotel and its management, on a theory that the jury’s finding of even partial responsibility on the part of the Nashville Marriott means that same jury essentially concluded that the stalker’s actions were forseeable — and thus preventable by the hotel.
It’s a very solid legal argument based on well-reasoned Tennessee legal decisions.
Chalos said it was not unusual for a judge to hear such arguments even after a jury’s verdict is delivered. “The jury found that the hotel enabled a predator to cause harm to a hotel guest,” Chalos noted. “Ms. Andrews is asking that the hotel be held accountable for the entire amount of harm caused. “It’s a very solid legal argument based on well-reasoned Tennessee legal decisions.”
About Mark Chalos
The managing partner of Lieff Cabraser’s Nashville office, Mark P. Chalos represents individuals who have suffered catastrophic personal injuries and families whose loved ones died due to the negligence or misconduct of others. Mark has obtained millions of dollars in settlements for families who have been harmed by wrongful conduct.
Through jury trials, Chalos has held wrong-doers accountable, including representing 32 school children who were videotaped undressing in their school locker room ($1.28 million jury verdict) and a young woman who suffered a severe brain injury in a car wreck (nearly $4 million jury verdict). Mark also obtained an $8 million arbitration award on behalf of a business client.