GALVESTON - A motion to quash was recently entered into Palo Pinto County resident Mindi Motely's lawsuit against the Flagship Hotel in Galveston.
The defendant's motion filed April 29 requests that Galveston County 405th District Court Judge Wayne Mallia nullify a subpoena and request for deposition regarding the investigation of an alleged aggravated sexual assault upon a minor victim.
Motely is suing the Flagship Hotel after employee Ray McChristian allegedly molested her young daughter during their stay and faults the defendant for not taking any precautionary measures to prevent the Aug. 22, 2008, incident.
The suit was filed Aug. 28 in the same court.
The original petition is mum on the exact circumstances surrounding the incident in question, but asserts the Flagship Hotel did not provide adequate security and lighting on its premises nor promptly discover McChristian's allegedly dangerous propensities.
Motely insists the defendant did not terminate McChristian after the assault.
Meanwhile, the hotel has been demolished to reportedly make way for a boardwalk.
According to the motion: "The law prohibits the release of reports of alleged or suspected abuse, including the files, reports, records, communications, audiotapes, videotapes and working papers used or developed under this chapter or as a result of an investigation."
It "adds the court may order the disclosure of the information as essential to the administration of justice and if it is not likely to endanger the life or safety of a child or person."
Case No. 10-cv-2369