PITTSFIELD, Mass. — The court will hear the case of a Pittsfield couple who is suing Hilton Hotels after her 2-year-old son choked on a used condom left by a prior guest, the Philadelphia Daily News reported on Friday.
A U.S. district justice cited "unique circumstances" that will have a jury determine if Amy Wolfe suffered emotional distress following the incident. Wolfe claims that she suffers from post-traumatic stress disorder and sees a psychiatrist, the paper reported.
According to reports at the time, Wolfe and her husband Steven were staying at Homewood Suites, owned by Hilton Hotels, in New Jersey last Jan. 2 when the 2-year-old found and began chewing on a used condom. He then began choking on it and ingested "the contents."
Wolfe was tending to another child in the bathroom when she heard the youngest of three, Ryan, choking. She ran in and removed it from his throat.
The child did not contract a sexually transmitted disease or any other illness but Wolfe claims developmental delays are a result of the trauma.
Attorneys for the hotel claim that she can not claim that because the child did not suffer serious physical injury or death, a claim that has succeeded in dismissing similar cases.
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