The parents of a Pittsfield, Mass, youngster are suing Homewood Suites after the youngster choked on a used condom left in the room they were staying in on their way back from Florida.
In a deposition Amy Wolfe reportedly said her husband was out getting breakfast when her son found a used condom that had been left in the room before the family checked in. She said the child swallowed the condom and its contents and began choking on it before she was able to remove the condom and its contents from his throat. Since that incident, Wolfe said she has suffered post-traumatic stress disorder. The parents are also reportedly claiming that the child's developmental delays are related to the incident because of the "trauma' that he suffered. According to news reports, the child did not contract a sexually transmitted disease.
Attorneys for Homewood Suites have argued that Wolfe threw the condom out and did not seek immediate medical attention for the child. They say she cannot claim damages because the child did not suffer any serious physical injury or death.
Now, a U. S. district judge in Camden, NJ has said that a jury should hear the case because of its "unique circumstances."
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