Parents allege son choked on condom in hotel room

Jen Lawson

Wednesday, May 14, 2003 | 9:50 a.m.

Allen Casey and his family checked into the Rio on a warm afternoon in March expecting to unwind by the pool after a soccer game.

Instead, they found themselves in an emergency room after their son Nicholas, who was 9 months old at the time, allegedly choked on a used condom he found on the floor of their suite.

The couple filed a civil lawsuit against the hotel on April 28, alleging negligence and emotional distress, and they want the hotel to turn over results of lab tests performed on the contents of the condom. So far, Casey's attorneys have been denied access to the test results.

"I want the peace of mind that my son is going to be healthy," Casey said during an interview Tuesday in his attorney's office.

As a precaution, Nicholas must undergo blood tests for HIV, hepatitis and other sexually transmitted diseases every three months for a year.

Madeleine Weekley, spokeswoman for the Rio, declined to comment, citing company policy on pending litigation.

The incident happened March 8. Casey and Caroline Scruggs, who have homes in both Las Vegas and Chicago, decided to have a fun stay at the hotel with Nicholas and their 6-year-old daughter Christine after the girl's soccer game.

Casey, who owns an automotive parts business, called to get their bags sent to the room while Scruggs and Christine checked out the suite. It seemed to be clean.

Nicholas crawled over to the television, and Casey asked Scruggs to check on him because it looked like he was trying to pull the plug out of the wall, he said.

The baby had found a discarded condom on the floor and he put it in his mouth, Casey said.

"He started choking and turning red, and (Scruggs) pulled out what appeared to be a condom," he said. "I was in total shock."

Casey called the front desk, and two paramedics rushed to the room. Casey asked that he be taken to the emergency room at Sunrise Hospital. A housekeeping supervisor also came to the room, and when Casey told her what happened, he said "she turned white."

Although Nicholas appeared to be fine, his pediatrician said he needs to be tested for disease every three months for the next year. Casey said he expects to shell out at least $20,000 in medical bills.

Casey's attorney, Dale Hayes, said he was told the Rio had the contents of the condom frozen and sent to a lab for testing. When he requested the results from the hotel's third-party administrator, he was told they were confidential.

"From our perspective, we had to file a lawsuit to get information through the discovery process," Hayes said. "I want to make sure I can tell Allen and Caroline that (the substance) is free of the things they're worrying about."

The fact that the results aren't being released makes Casey think the hotel has something to hide, he said.

The attorneys will also be able to subpoena hotel records to see who stayed in the room before Casey's family, his other attorney Terry Coffing said. But the culprit isn't necessarily a hotel guest -- it could be an employee or someone else who had access to the room.

The suit, filed in Clark County District Court, says the Rio advertises the accommodations to be "a standout example of sheer grandeur" and that the staff "was delighted to serve its guests in an exemplary style to which every Team Rio employee was committed." Those representations are false, the lawsuit alleges.

"Nobody from the Rio called to say they're sorry," Casey said. "We were treated like we weren't even human beings."

Some might wonder if the couple staged this to get a big settlement from the Rio, but Casey said he filed the suit for peace of mind.

Coffing said: "These aren't people who run out looking to file lawsuits. They aren't looking for a payday here."

Casey pointed out that Scruggs broke out in a rash as a result of stress, Casey said, and she's had to seek therapy.

Although the suit says Casey is asking for at least $30,000 in damages, the attorneys pointed out that it was a formality to ensure that the case was filed in district court.

Casey said he has stayed at the Rio many times over the years and he always had good service in the past.

"I'm just outraged over this," he said.