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Leaving aside whether petitioner's initial act in procuring
the room was primarily for his personal purposes, the Court is
satisfied from the record that petitioner's second trip to the
hotel room, at which time a sexual offense purportedly occurred,
was the action that gave rise to the sexual assault claim, and
such action was driven primarily by petitioner's personal
motives. The Court so finds. At this second visit, petitioner
and Ms. Doe were admittedly alone in the room. If petitioner
made this second visit out of his concern for Ms. Doe, he did not
indicate that he would do so to Ms. Johnson, whom he had just
dropped off at the Sports Bar. On the contrary, petitioner
stated to Ms. Johnson that he was going home.
Moreover, while in the room, petitioner admitted to contacts
between him and Ms. Doe that were clearly well beyond the realm
of ascertaining Ms. Doe's well-being and clearly unrelated to
petitioner's trade or business.
GBC's elevator policy in effect at the time of the incident,
with which petitioner contends he was complying, stated as
follows:
I. OBSERVANCE OF INTOXICATION
A. Previous intoxication
1. Personnel are directed to closely
observe all patrons at any Pointe bar.
2. Insure that our bartenders are not serving
alcoholic beverages to already intoxicated
individuals
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Last modified: May 25, 2011