At about 8 p.m. on Aug. 3, 2006, plaintiff Edwina McCombs, a 46-year-old homemaker, checked into the Value Lodge Motel in Artesia, with her two daughters Amy, 9, and Audrey, 8. When the family arrived in their room, McCombs went to take a shower while her daughters were watching children’s programs on television. McCombs had been in the bathroom for about 30 minutes when the two girls knocked on the bathroom door, saying that something was wrong with the TV. McCombs emerged from the bathroom to find that the girls had inadvertently switched the station to a hardcore pornographic program. She swiftly turned off the set and pulled the plug out from the wall.McCombs sued Value Lodge Enterprises Inc., on behalf of herself and her children, for negligence and intentional infliction of emotional distress.
Plaintiffs’ counsel argued that the motel did not have any blocking system on the television and that it was made aware that McCombs two daughters would be staying in the room with her. Counsel asserted that the motel breached its responsibility to protect the children from the pornographic images by failing to prevent the pornographic station from being viewed without McCombs consent.
Defense counsel argued that it properly warned all guests that pornographic programming was readily available on the television set by placing signs in all of the rooms. According to the defendse, the signs indicated that guests were responsible for contacting the front desk if they wanted the pornographic station blocked from the television set in their room.
Plaintiffs’ counsel countered by arguing that their investigation of the motel proved that there were no signs indicating that guests were responsible for alerting the hotel that they wanted the pornography blocked, adding that the responsibility for blocking the adult-oriented programming should not have been incumbent upon parents of children staying in the motel.
McCombs claimed that she and her daughters required psychological and family counseling following the incident. They sought to recover the $40,000 they incurred in past psychological bills and up to $600,000 for future counseling and emotional distress damages.
Plaintiffs’ counsel called a psychologist, who testified that Audrey was especially distressed by the incident. She had frequent recollections of the imagery, becoming frightened by the most moderately suggestive material she encountered. The psychologist stated that the encounter increased the possibility that Audrey could become sexually active at a younger age.
Judge William J. Birney did not allow the plaintiffs to seek punitive damages.
The jury found that Value Lodge Enterprises was liable for negligence and they awarded the McCombs $85,000.
Audrey McCombs
$20,000 Personal Injury: Past Pain And Suffering
Edwina McCombs
$65,000 Personal Injury: past & future medical costs