Hospital sued over security after alleged parking lot sex assault

By Steve Green

Published Tuesday, June 9, 2009 | 1:02 p.m.

Updated Tuesday, June 9, 2009 | 6:17 p.m.

One of the two women allegedly sexually assaulted by a man in the parking lot of a Las Vegas hospital last year says security was inadequate there and has filed a lawsuit over the incident.

The woman, identified as Jane Doe in court papers, filed the suit last week in Clark County District Court against Desert Springs Hospital and its owner Valley Health System.

Attorney David Ferrainolo, responding on behalf of the hospital, said Tuesday it had not been served with the suit and couldn't immediately comment on its specific allegations.

"Notwithstanding, Desert Springs denies any contentions or claims that it had inadequate security at the time of this assault and intends to defend such claims vigorously. Desert Springs uses all appropriate security mechanisms and the safety and well being of its patients, guests and employees is their highest priority," he said in a statement.

After two women reported they were sexually assaulted by an armed man early the morning of May 18, 2008, Metro Police identified Roy James Trost as the suspect and he was arrested by the FBI in Venice Beach, Calif., five days later.

Trost, 19 at the time, was arrested on 13 charges including sexual assault with a weapon, first degree kidnapping, robbery with a deadly weapon, sexual assault with a victim under 16 and burglary with a deadly weapon.

At the time, police said in a statement: "The suspect was seen loitering in the area of the hospital prior to the crime occurring."

In her lawsuit, Jane Doe charges security -- provided by the hospital and an unnamed contracted security provider -- failed to prevent the attack.

"Defendant hospital ... owed a duty of care to its customers, patients and visitors to provide premises which were reasonably safe from criminal assaults by third persons," the lawsuit alleges.

"Defendant hospital knew or should have known that dangerous and criminal activity was taking place on and about the premises of defendant hospital and that criminal attacks upon the persons or property of customers, patients and visitors were foreseeable," the suit continued.

Valley Health System is owned by Universal Health Services Inc. of King of Prussia, Pa.