Law Reporter: Riverboat casino waitress attacked in employee parking lot: Failure to provide adequat

Riverboat casino waitress attacked in employee parking lot: Failure to provide adequate security: Posttraumatic stress disorder: Verdict. Doe v. Louisiana Casino Cruises, La., E. Baton Rouge Parish 19th Judicial Dist. Ct., No. 457,900 Division: M, Feb. 17, 2000.

Doe, 44, worked as a waitress aboard a riverboat casino and was a seaman covered by the Jones Act, 46 U.S.C. 688. While attempting to get into her car in the designated employee parking lot, she was attacked and raped at knifepoint in her vehicle. Her assailant escaped.

Doe suffered knife wounds that left a permanent scar on her body. She also developed posttraumatic stress disorder and chronic depression, which have left her permanently disabled.

She made no claim of lost wages.

Doe sued her employer, alleging violations of the Jones Act and general maritime law. Plaintiff claimed that defendant failed to (1) have any security patrols in the parking lot the night of the attack, although it had hired security personnel for that purpose and had a policy of providing such security, (2) have an officer manning the security tower in the lot, and (3) prevent her assailant from leaving after the attack.

Defendant argued that plaintiff was not acting in the scope of her employment while going to her car, and therefore cannot invoke the Jones Act or maritime law as a basis for her claims.

Plaintiff responded that the rape occurred on defendant's property in a location where employees were required to park.

The trial court found in favor of plaintiff and awarded her about $954,000.

Plaintiff's experts were C.B. Scrignar, posttraumatic stress disorder, New Orleans, La.; Enrique Flechas, psychiatry, Baton Rouge, La.; Randy Rice, economics, Baton Rouge, La.; Thomas Davis, security, Dublin, Ohio; and Stephanie Chalfin, vocational rehabilitation, Baton Rouge, La.

Plaintiffs Counsel

*Lewis 0. Unglesby, Baton Rouge, La.

*Aidan C. Reynolds, Baton Rouge, La.

Robert Fuhrer, Morgan City, La.

An asterisk(*) appearing beside the name of plaintiff's counsel indicates that the attorney is an ATLA member. To obtain additional information about a case report, contact counsel through your ATLA membership directory.