Eddy v. Bricktown Hospitality, LLC

2020 WL 12787576 (2020)

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Facts

On November 17, 2017, Sharon, age 61, and her mother, Pauline, drove from New Mexico to Oklahoma City for a family wedding. Other family members planning to stay in the same room as Sharon and Pauline were flying into Oklahoma City for the wedding. These family members included Susan Eddy (Sharon's sister), Ryan Avila (Susan Eddy's daughter), and Ms. Avila's children. Ms. Avila selected D and made the reservation under her name. Sharon and Pauline checked in between 6:30 and 7:00 p.m. A sign posted in the hotel lobby stated: 'This SpringHill Suites is owned by D and operated by Aston Management Company under a license from Marriott International, Inc.' Pauline did not notice this sign as she and Sharon checked in. D offered an in-house bar, which Sharon visited around 7:30 p.m. Sharon did not contact her mother again after this point. Bartenders Cody Wisley and Lauren Jackson waited on Sharon, who was acting friendly. Sharon ordered a vodka cocktail and then a COOP craft beer. Wisley informed Sharon that this selection was a high-percentage beer at about 10 percent. Sharon drank approximately four COOP beers. Another bar patron bought Sharon a shot of Southern Comfort whiskey. Sharon walked outside to smoke cigarettes a couple of times. At some point, she left for a restroom break but returned to the bar. After smoking her last cigarette, Sharon was acting louder but did not have bloodshot eyes or slurred speech. Wisley and Jackson decided to cut off Sharon from the bar and when Wisley informed Sharon of this fact, she cheerfully agreed. Jackson took away the remaining part of Sharon's beer and Wisley gave Sharon water. Around 10:13 p.m., Sharon paid her tab but fell as she attempted to stand from her barstool. Wisley tried to help, but Sharon refused. She pulled herself up using the barstool. Jackson helped Sharon remain standing. The bartenders asked if Sharon was alright, to which Sharon responded that she was 'okay.' Neither Wisley nor Jackson believed there was a need to summon emergency medical attention. Wisley or night auditor Jeana Vorakoth retrieved a rolling office chair from the back office to return Sharon to her room. Vorakoth and a female valet then pushed Sharon to her room. Sharon was coherent and happy, exclaiming that the hotel was 'better than Vegas.' No one informed Vorakoth that Sharon had fallen or been cut off from the bar. Vorakoth used a key to get into Sharon's room and found Pauline watching television in bed. Pauline assumed Sharon was in a rolling chair because she had a bad knee. Sharon did not indicate she was injured in a fall, nor did she ask Pauline for emergency medical assistance. Pauline thought Sharon appeared 'normal' and did not appear 'badly intoxicated.' Sharon did not have slurred speech or smell like alcohol. Sharon was guided to bed, but she initially missed and slid down the side of the bed. After assisting Sharon, Vorakoth and the valet left. Sharon took her shoes off and she and Pauline discussed the arrival status of the rest of their party. Shortly after, Pauline and Sharon went to sleep. Pauline awoke at some point in the night and heard Sharon snoring. Pauline considered moving Sharon but did not. Just before 3:00 a.m., the rest of Pauline and Sharon's party arrived. Sharon was discovered unresponsive. The medical examiner's report stated the probable cause of death was 'acute ethanol toxicity.' Sharon had a blood alcohol concentration of 0.30 g/dL. P sued Ds.

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