raiderbuck;427459 wrote:I guess I say that because in order for OSU to be found negligent, they would have had to have known that the employee would give EAs room info away like that...meaning that either 1) It's not that far from common or 2) a "higher up" would have had to give it away. I'd be willing to bet that it was a rogue employee, and The Blackwell (like any other hotel) has some kind of Code of Conduct or Privacy Policy in place to prevent such matters (celebrity or not).
OSU probably won't release the name of the employee, but she should be going after him/her and not the University. My guess is that the University will settle out of court, pay her attorney fees and give her some kind of compensation. No way ESPN and OSU want this to continue on in court.
Incorrect.
OSU would be responsible under the doctrine of respondeat superior. The principal (OSU) is responsible for the acts/omissions of its agent (the hotel and its staff). The only defense would be the staff member acted outside the scope of his duties at the hotel. For instance, if the employee is a janitor, and he somehow broke into the computer and leaked the information, you might have an argument. However, this opens up other potential issues such as safety and security policies and protocols in place at the time and how this guy got access to them. A good lawyer will throw these arguments as an affirmative defense to the complaint, but it will be a steep hurdle to over come.
