A father drowns in a large jetted tub in a hotel suite and is discovered by his teenage son and the three-day wrongful death jury trial that follows.
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Plaintiff Attorney's opening statement: This room, this suite they rented, it had two unique features. I'm not talking about beds. All rooms have beds. I'm not talking about tables and chairs. Feature number one, as soon as you walk in the door, you have a bar. It's a bar with a refrigerator back there. How is it possible that the Flamingo Hilton Hotel is going to get up in arms about the fact-This room was designed for people to get drunk. That's what this room was. What was the other significant feature of this room? The jetted tub. Ask yourself during the course of this trial, are you telling me that the Flamingo Hilton Hotel doesn't think people are going to get drunk and not get in that tub? That's what this room was designed for. Hopefully the patrons will go down and lose some of their money like Mr.Naus did. I want you to ask yourself that, did they complain, Mr. Naus, you're too drunk, when he's playing blackjack, Mr. Naus, please don't put your money in the slot machines, you're too drunk. That never happened. This room was designed to get people drunk and to get people in the jetted tub. And for them now to complain that Mr. Naus had too much to drink, things like that, it doesn't hold water, ladies and gentlemen.//// Defendant Attorney's closing argument: Mr Naus, in that state of drunkeness, filled that tub to the temperature of Mr. Naus's choise. Is there a limitation on the temeperature of the tub? Yeah, there is, well above the temperature of the hot water spigot, because that is a bathtub, and just like all of us with bathtubs in our home, the person using the tub, Mr. Naus, and fills the hot and cold water, makes the tub comfortable to their liking and gets in. That's what occurred in this case. Mr Naus brought everything with him, including his addictions, including his problems, and then introduced those intoxicating substances to a group of 16- to 18-year-olds who now the plaintiffs encourage you to believe, if there had been a warning sign, would have kept looking through that door to protect him, ladies and gentlemen.
Note: this question was asked during the jury trial. Plainntiff Attorney's question to district health expert employee: Do you think it would be reasonable to put a $1 sign there, talking about the hazards of drinking and intoxicants when you have a bar located a few feet from this tub? District Health Expert Employee's Answer: As a safety concern, yes, it could be prudent to do some kind of warning, you know, but it's not required.