An example of oppressive corporate misconduct

High punitive damage award was warranted in Reno Hilton case

To the editor:

We represent the plaintiffs in the Reno Hilton outbreak case and write in response to your May 21 editorial ("Lawsuit lottery").

The suit alleged that the Hilton's gross negligence caused more than 1,000 guests to contract the Norwalk virus, which is spread by human feces. The afflicted suffered from days of uncontrollable vomiting and diarrhea. Some lost control of their bowels in airplanes, casinos and other public places. Contrary to your editorial, scores of guests became so dehydrated that they were hospitalized for IV treatments. This virus can and does kill the frail. Fortunately, no one died in Reno, but some suffered strokes, heart troubles and other debilitating injuries.

The health department cited the hotel for numerous sanitary violations during the outbreak. More significantly, management -- through the adoption and enforcement of a Draconian attendance policy -- forced infectious employees to work while quite sick. The county epidemiologist described the policy as a "hazard to public health." In a flat-out violation of basic sanitation laws, the executive chef and hundreds of employees worked while vomiting and experiencing diarrhea. In the midst of the outbreak, management continued to discipline workers who called in sick. The Hilton's expert admitted (on cross-examination) that such practices were "unconscionable."

An internal hotel memo from day five of the outbreak reported: "Those affected are mostly infants and the elderly." The Hilton nevertheless ignored the health authorities' recommendation that it warn new check-ins of the outbreak. Instead, the highest echelon of management embarked on a "campaign of disinformation" to counteract the bad publicity. They told reporters and new guests that the Hilton passed all inspections, the outbreak was over and the hotel was safe. Hundreds of new guests relied on these falsehoods, checked into the hotel and got violently ill. The outbreak subsided only after the health department ordered the Hilton to send sick workers home and comply with basic sanitation laws or be shut down.

Neither you nor any of your readers would want to be treated as shabbily as the tourists and conventioneers who stayed at the Hilton. We thus assume that you were unaware of these facts when you wrote your editorial. Punitive damages are intended to punish and deter exactly the type of oppressive corporate misconduct that came to light during this trial. The 1,000-plus victims shall rightfully share the $25.2 million award.

Your editorial questions the wisdom of the jury system. This jury included two deputy sheriffs, a court administrator, a warehouseman, a homemaker, a retired pilot and an insurance agent. Their verdict is not an example of a "lawsuit lottery," but of members of a community telling a corporation not to take chances with our health and safety.

BOB LYLE

JOHN ECHEVERRIA

MATT DAVIS

RENO

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