Trial News

Alcenti McIntosh was born in an Extended Stay America hotel room and lived there with Calvin McIntosh and at least six other people, including her mother—who reportedly was being held against her will—for the next 15 months. Alcenti became emaciated, and McIntosh took her to a hospital, where she later died. Police went to the hotel room, where they discovered three malnourished young children. Alcenti was deemed to have suffered 41 rib fractures and weighed seven-and-a-half pounds at the time of her death. McIntosh was reportedly sentenced to life in prison on charges of felony murder and child abuse.

Alcenti’s mother and another representative, on behalf of Alcenti and her estate, sued Extended Stay America, Inc., and several related companies, alleging false imprisonment and failure to maintain a safe premises. The plaintiffs argued that the defendants failed to inspect the room, using a master key if necessary, for the four years that the McIntosh group lived there despite a hotel policy mandating a visit to each room at least once per week.

The jury awarded $46 million, finding the defendants 30 percent at fault. The jury attributed 60 percent fault to McIntosh; 1 percent to Alcenti’s mother; and 9 percent to McIntosh’s sister, whom police also found in the hotel room.

Citation: Herrera v. Extended Stay America, Inc., No. 16-C-01271-4 (Ga. St. Ct. Gwinnett Cnty. Nov. 12, 2018).

Plaintiff counsel: Andrew T. Rogers, W. Michael D’Antignac, Naveen Ramachandrappa, Gilbert H. Deitch, and Kara E. Phillips, all of Atlanta.