GALVESTON - Fertitta Hospitality LLC is denying Lafayette, La., resident Justine Sampy's claims of a room mix-up at the Galveston Island Hilton Resort two years ago.

The defendant's original answer filed April 18 in Galveston County 405th District Court insists Sampy's own negligence contributed to a March 27, 2009, incident in which an unknown man appeared in her hotel room.

As previously reported, Sampy filed suit against the resort on March 24, stating its staff did not properly check her in.

She says she was exiting the bathroom after taking a shower when a man she did not know entered the room.

"While the plaintiff was standing in her room naked, her room door opens and in walks a foreign male," the suit says.

Sampy claims the individual walked into her room on two other occasions the same day.

Fertitta Hospitality says Sampy failed to exercise ordinary care and states her injuries were the result of a new and independent cause not foreseeable by it.

"The damages, if any, to the plaintiff were proximately caused, in whole or in part, by unforeseeable acts or omissions of third parties over whom the defendant had no control or right of control," recent court documents say.

The defendant requests that the court award Sampy no damages.

It is represented by Sheehy, Ware & Pappas PC.

Case No. 11-cv-0516

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