The Tribune Democrat, Johnstown, PA

Local News

November 15, 2012

Dad sues resort over girl’s assault

JOHNSTOWN — A Maryland father whose young daughter was assaulted when a male guest entered her room at Seven Springs Mountain Resort has filed a federal lawsuit alleging that the resort was negligent in operations there, including problems with room locks and insufficient security staff.

The lawsuit was filed in U.S. District Court in Johnstown by Jay Johnson of Chesapeake, Md., who is represented by Pittsburgh attorney Timothy O’Brien, and names only the resort as defendant.

Anna Weltz, a spokeswoman for the resort, said Thursday that Seven Springs does not comment on litigation.

The incident took place on March 6, 2011, when Johnson, his wife and two minor children were guests at the resort and had adjoining rooms. The girl, then 11, and a son were asleep in their room when a man – eventually identified as Justin Weber of Plum, Allegheny County – entered the room, reportedly looking for a misplaced bottle of beer.

Authorities said that the man carried the girl into the bathroom but then fled when she began screaming.

Weber, who was drunk at the time, pleaded guilty to interference with custody of a child and criminal trespass in Somerset County court and was sentenced in September to six to 23 months in jail.

In the lawsuit, O’Brien alleges that the resort was on notice regarding other similar unforced entries into guests’ rooms and should have been aware that locks on  the rooms were not functioning properly.

In addition, he said that Seven Springs had inadequate security staff available to provide for guests’ safety. The resort allegedly had reduced its security staff prior to the incident, the attorney said.

O’Brien said the girl suffered embarrassment, humiliation, pain and suffering and emotional distress.

He is seeking more than $75,000 in compensation.

The case has been placed in the district court’s alternative dispute resolution program for possible settlement, according to the federal court clerk’s office.

 

Click here to subscribe to The Tribune-Democrat print edition.

Click here to subscribe to The Tribune-Democrat e-edition.

1
Text Only | Photo Reprints
Local News
  • smothers ‘It breaks my heart’: Shooting victim’s death leaves trail of shattered lives

    Victoria Smothers knows what people thought when they heard that a young black male had been shot to death in Moxham last week.

    April 16, 2014 2 Photos

  • School violence studied

    On a typical day last year, Pennsylvania schools caught 11 students toting weapons similar to ones used to slash 21 students and a security guard at a Pittsburgh-area high school, according to the state Department of Education. An untold number of others likely brought weapons to school but weren’t caught, safety experts say.

    April 16, 2014

  • Home is Where The Tribune-Democrat is Delivered!

    April 17, 2014

  • egg hunt17 ACRP quietly notes 25th anniversary

    There will be little or no fanfare accompanying Alternative Community Resource Program’s 25th anniversary.
    And that’s how the executive director, Frank Janakovic, wants it.

    April 16, 2014 1 Photo

  • windber17 Windber students earn top ‘Overchiever’ rank

    Windber Area school’s PSSA scores have been tops in the region for the past several years.
    This year, they’re among the head of the class statewide, Pittsburgh Business Times annual Schools Guide shows.

    April 16, 2014 1 Photo

  • Wise, Charles Police charge bank robbery suspect

    A Johnstown man was jailed on $250,000 bond after police said he robbed the West End Branch of AmeriServ Financial. Charles Wise, 48, of Barron Avenue, was charged with two counts of robbery.

    April 16, 2014 1 Photo

  • Inmate awaits sentencing for assault on guard

    A former inmate faces up to 15 years in prison when he is sentenced for assaulting a corrections officer at State Correctional Institution-Somerset, authorities said.

    April 16, 2014

  • windber pool Pool stays afloat despite troubles

    When a valve broke at the Windber Recreation Park pool last month, its municipal authority caretakers feared that meant the end for the pool’s aged, much-patched liner.
    But the old liner has held up – a stroke of luck that will save Windber Municipal Authority from having to seek a line of credit to cover repairs or risk delaying the pool opening, the authority’s recreation director, C.W. Beckley, said.

    April 16, 2014 1 Photo

  • Creativity blossoming for spring art show

    The 16th annual Art in Bloom spring art show will brighten the Cambria County Courthouse in Ebensburg from noon to 6 p.m. April 26 and 11 a.m. to 4 p.m. April 27.

    April 16, 2014

  • Alcatraz Challenge offers escape from routine

    Greater Johnstown Community YMCA is gearing up for its indoor biathlon, the Alcatraz Challenge.

    April 16, 2014

Poll

Do you think that Jack Williams will get the 270 signatures from city residents needed in order to have a referendum placed on a municipal ballot to have the city's pressure test mandate repealed?

Yes
No
I'm not sure
     View Results
House Ads