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Man sues Winnipeg hotel over 2020 attack by 3 guests that he says left him with brain damage logo 2022-09-29 Bryce Hoye

A man is suing a Winnipeg motel and staff after he was attacked by other guests two years ago following a noise complaint he made to the front desk.

Scott Christopher Alcorn says he was injured during an assault by three people from the room next to his at the Airport Motor Inn on Ellice Avenue on Sept. 26, 2020.

Alcorn, who lived in Ontario at the time, rented a hotel room at the motel that day, says a statement of claim filed with the Court of King's Bench on Sept. 16.

Alcorn said that night he was disturbed by occupants in the next room, which his room was connected to by a door. The guests were "making extreme amounts of noise" — loud enough to be considered a nuisance under the city's neighbourhood livability bylaw, his statement of claim alleges.

He called the front desk and asked staff to move him to another room, but was told there were no other vacancies that night, court documents say.

Alcorn said he then walked to the front desk and asked again to be moved but received the same answer from a clerk.

Alcorn says that when he made the noise complaint, he asked the clerk not to relay that complaint to his noisy neighbours, worried they would assume it came from him, but that request was ignored. © Jaison Empson/CBC Alcorn says that when he made the noise complaint, he asked the clerk not to relay that complaint to his noisy neighbours, worried they would assume it came from him, but that request was ignored.

The statement of claim says Alcorn specifically asked the clerk not to contact the occupants in the room next to him, because he was concerned they would assume he was the person complaining.

The clerk then contacted the occupants to say a noise complaint was made, Alcorn said.

Shortly after that, Alcorn's neighbours knocked on his door, he said. Three people he didn't know — two men and one woman — barged in and assaulted him.

He was "repeatedly punched and kicked in the face, head and body," court documents say.

The assault was reported to Winnipeg police.

A 26-year-old man was charged with robbery at the time, police said.

Alcorn said the three had been drinking alcohol they purchased at the hotel before the assault and were sold liquor despite being intoxicated already. 

The statement of claim says there had been many assaults at the hotel before, hotel management knew or should have known guests were at increased risk, and there was no security at the hotel that day.

Court documents allege hotel ownership, specifically Curtis Edward Luschinski, director of the Airport Motor Inn, failed to keep guests like Alcorn reasonably safe, in contravention of responsibilities under the Hotel Keepers Act, Occupiers Liability Act and Liquor Control Act.

Alcorn also blames the clerk for providing information to his neighbours that he believes led to the attack.

He continues to experience "pain, suffering, disability, discomfort, loss of homemaking capacity, loss of amenities of life [and] difficulty speaking" due to his injuries, including to his respiratory system and head, the claim says.

Ability to work compromised: Alcorn

Alcorn has issues breathing through his nose, suffers from anxiety and symptoms associated with post-traumatic stress disorder, and has brain damage and cognitive impairment, court documents say.

His ability to continue working in home improvement stores, where he was previously employed, has been compromised by his injuries, Alcorn says.

His statement of claim argues he is entitled to undisclosed damages related to his injuries, future costs of medical expenses, care, including housekeeping, and lost income.

No statement of defence has been filed.

Kyle Luschinski, general manager of the Airport Motor Inn, said the hotel won't be providing comment while the case is before the courts.

None of the allegations have been proven in court.

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