THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, October 29, 1994 TAG: 9410290232
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY KENNETH B. NOBLE, THE NEW YORK TIMES
DATELINE: LAS VEGAS, NEV. LENGTH: Medium: 94 lines
A federal jury ruled Friday that the Las Vegas Hilton Hotel was negligent for failing to set up adequate security during the 1991 Tailhook convention, and ordered the hotel chain to pay $1.7 million to former Navy Lt. Paula T. Coughlin.
Coughlin was the first to say publicly that she had been assaulted at the event, but dozens of other women came forward later. Her victory seems certain to set the stage for at least a dozen other lawsuits against the Hilton.
Navy and Pentagon investigations had already concluded that 83 women were assaulted or at least harassed by naval aviators at the Hilton Hotel.
Former Navy H. Secretary Lawrence Garrett III was forced out of office because of the scandal, and at least five flag officers were forced into early retirement or denied promotions because of their failure to stop it.
Still, no one has been court-martialed, and most of the complaints have resulted in small fines or reprimands.
The decision to award compensatory damages for Coughlin's emotional distress came on the second day of deliberations by the four-man, four-woman jury.
Coughlin dabbed her face gently with a handkerchief as the jury read its verdict, while her mother, sitting in the front row of the federal district courtroom, wept silently. It was only the fourth time that Coughlin has attended the seven-week long trial.
``I'm very pleased that justice has finally come to Paula Coughlin and her courage has been vindicated,'' said Dennis Schoville, Coughlin's lead lawyer. ``It's about time.''
The jury is scheduled to return Monday to decide whether Hilton must pay punitive damages to Coughlin. Hilton's lawyer, Eugene Wait, was told to bring financial statements from Hilton Hotels Corp. to court for the jury to evaluate.
Coughlin, a 32-year-old helicopter pilot and former aide to Rear Adm. Jack Snyder, was assigned to Norfolk Naval Air Station until shortly before she resigned from the service on May 31. At the time, she said she had endured unrelenting pressure because of her complaint. Coughlin began her military career by enrolling in ROTC while attending Old Dominion University in Norfolk.
Her suit accused the Hilton Hotel in Las Vegas of failing to provide proper security even though many of the 19 previous Tailhook conventions held at the hotel had turned into weekends of drunken debauchery. Coughlin had also sued the Tailhook Association, but settled for an undisclosed amount days before the trial began.
Coughlin set off an earthquake in sexual etiquette in the military when she was the first to say publicly that she had been assaulted at the convention. There was no dispute during the seven-week trial that Coughlin had indeed been groped by drunken male aviators in a crowded third-floor ``gantlet.''
But while Coughlin's lawyers focused on security and how the incident had changed their client's life, defense lawyers suggested that the lieutenant was a willing participant in some of the debauchery.
In closing arguments Thursday, Hilton's lead lawyer, Eugene Wait, cited what he called credible evidence that on the night before the assault, Coughlin had allowed another officer to shave her legs while she was dressed in her Navy uniform, an act that would have violated military codes of conduct.
Lt. Roland Diaz testified earlier this month that Coughlin visited his hospitality suite twice on Sept. 6, 1991, and took advantage of his leg shaving services. In his videotaped testimony, Diaz said Coughlin was drunk and ``partying as hard as everyone else.'' Coughlin has denied Diaz's account.
Hilton's lawyers also challenged Coughlin's assertion that she had been scarred emotionally, suggesting that the gravity of the assault had been exaggerated to gain sympathy from jurors. Several male acquaintances who spoke with Coughlin shortly after the assault testified that she appeared only slightly annoyed by the incident.
But other witnesses said Coughlin was suffering from a serious post-traumatic stress disorder. Psychiatrists and psychologists testifying on behalf of both sides concluded that she was deeply depressed.
At the time of the convention, Coughlin said, she was outgoing and in superb physical condition. During three days of testimony last month, Coughlin appeared frail, tense and despondent.
In his closing statement, her lawyer, Schoville, ridiculed defense assertions that that damage Coughlin suffered during the attack was ``mild.''
``She feels used and dirty,'' he said, urging jurors to award his client $5 million to $10 million in damages. ILLUSTRATION: Color photo
Former Navy Lt. Paula T. Coughlin's victory could lead to more
lawsuits.
KEYWORDS: TAILHOOK LAWSUIT SETTLEMENT by CNB