Legal Question in Civil Litigation in New Jersey
Batmitvah mishap, is the Sales Manager or Hotel Libal
I am a Sales Manager of a Hilton Hotel. Last February we had a double booking. My booking, the BatMitzvah ,was the booking that was bumped. We returned the deposit, found a suitable venue, offered to pay for the re-print of the invitation s (which were not printed yet). The client seemed happy. Now the General Manager received a summons, over a year later, that the client is suing the hotel for $5000.00 for ''pain and suffering''. The General Manager of the Hotel told me they would settle the case and that the hotel would pay 1/2 and that I would be responsible to pay the other half out of pocket. As an agent for the hotel and not being the sole person responsible for the mishap, should I be the one that is made to pay $2500.00 to the client? Also isn't it too late for the client to sue the hotel, after all he accepted his deposit back and told me he had a wonderful time at the place I found him?
Thank you.
2 Answers from Attorneys
Re: Batmitvah mishap, is the Sales Manager or Hotel Libal
Another person needing to get a life.
Proving pain and suffering is difficult, and I suspect that in this case, they can't do it based upon what you have said. I suspect they are looking for a few quick bucks. $5,000 is small claims. They can't afford experts. How do they prove their damages?
WHO double booked, you? If it was someone else, I'd take the position that this is clearly a nusience suit, without real basis, and that if you are not a named defendant, you aren't paying the $2,500, and if you are named, you enter a plea of 'not guilty', and normally would let the judge apportion the damages among the defendants.
Hilton knows it will cost $3,000 - 6,000 to defend, so they are willing to pay. That's why the putz only asked for $5,000.
If they want to pay it, you can't stop them, but unless they are stupid, they will negotiate the settlement. They should pay a fraction of the $5,000. Perhaps they are settling for $2,500 and are trying to get you to pay the whole thing? Who told you what the policy' is anyway? Do you have that in writing? I'm rather suspicious.
Good luck.
Kevin J. Begley
Re: Bat Mitzvah mishap: Is the Sales Manager or Hotel liable?
It seems to me that the father of the Bat Mitzvah girl is just being a chazer! You were a Mensch by resolving a bad situation and now they do this to you. What a goniff!
It seems to me that there is an argument that they settled the matter by accepting the return of the deposit, finding an alternative place, etc. And, I have a serious question as to the value of their "pain and suffering". However, those are litigation positions and there are costs involved in defending litigation. Only you and the hotel can decide whether it is worth settling or worth litigating.
As to the arrangement between you and the General Manager, that is a harder question that I cannot answer based on the information that you have provided. I would need to know more about your employment status.
Keep in mind that this advice is based purely on the bare facts that you have given me here. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you if you would call me at 856-546-8010. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner
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