Monday, July 7, 2008

Family Files Malicious Prosecution Suit After Protracted Court Battle

It might have been bearable if the horror had stopped when Paul Gayter and his wife Flora Nicholas learned that their 9-year-old daughter had been molested by a hotel employee during a family vacation.

Or if it had stopped when the hotel's insurer, American International Group, decided on exceptionally tough tactics -- endless depositions, private investigators and psychological tests -- to prevent a payout to the family. Or when federal prosecutors, perhaps acting on a tip from lawyers for the insurer and hotel, started questioning the family's immigration status (they're from Britain) and launching criminal probes into their business dealings. Or when a settlement deal with the hotel fell apart and the battle headed back to court.

But it hasn't ended. Eight years after their daughter was attacked, the Gayters' fight grinds on. Lawsuits have snaked through two federal trial courts and two federal appellate courts. At least 20 lawyers have worked on the matter, including litigators from some of the top firms in the country. Lawyers for the hotel have been admonished repeatedly for overreaching discovery tactics. Yet they've been able to bat down a jury trial.

Law.com


Phoenix Arizona Injury Attorneys

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