ELECTROCUTED IN POOL $2.5M - read and make summary

electrocution in the pool, and replaced it with a new one. Witnesses further observed other

hotel personnel affecting repairs at various electric registries and tampering with transformer

sites around the pool. (See Witness Statements attached as “Exhibit 4B”).

Despite this, in furtherance of the cover-up, the hotel’s Manager of Maintenance denied

that any repairs had been made to the pool subsequent to the death in his sworn statement.

The Mexican government’s subsequent inquiry was a sham. The electrical defects

which caused Tom’s electrocution had already been repaired, and the evidence was gone. As a

result when the “expert electrical evaluator” Rafael Borrayo ultimately examined the pool, he

concluded that there were no faults of any kind in the electrical installations.

Following Tom’s death, the Hotel Defendants and Mexican authorities immediately

began perpetrating the lie that he had drowned. They did so despite multiple witness

statements attesting to the facts of Tom’s electrocution, including other shock incidents in the

pool. After his death, Tom’s body was taken and a sham autopsy was performed certifying the

cause of death as “asphyxia by submersion.” (See Mexican Autopsy attached as “Exhibit 5”).

The subsequent true and correct autopsy performed by the Cuyahoga County Coroner’s Office

clearly demonstrates this fraud—on autopsy there is absolutely no evidence of drowning, or of

a prior autopsy. Thomas Kiczek was electrocuted. (See Affidavit of Deputy Coroner Marta

Steinberg, M.D. attached as “Exhibit 6” and Cuyahoga County, Ohio Autopsy attached thereto

as “Exhibit A”).

When the Kiczeks sought to have their son’s body transported back home to Ohio for

funeral and burial, the Mexican government refused to allow release of the body unless the

parents signed a death certificate certifying drowning as the cause of death. John Kiczek had

witnessed his son’s electrocution, and was severely shocked himself when he attempted a

rescue. Accordingly, the Kiczeks refused to sign the paper, and even enlisted the aid of

Mexican counsel. Ultimately, because the Mexican government was holding their son’s body

hostage, the Kiczeks were forced to sign the certificate.

There is a plethora of sworn testimony, much of it from Americans, including five (5)

Ohioans who were guests at the hotel at the same time as the Kiczek family, demonstrating the

Mexican government’s active participation in the cover-up of Thomas Kiczek’s electrocution in

aid of the Hotel Defendants. The proposed trial in San Jose del Cabo is a farce on its face.

The facts establish that the Defendants were negligent in their operation, maintenance,

and inspection of the hotel’s pool and its electrical installations. As a consequence, the water in

the pool was conducting an electric current; creating a situation that has a great probability of

causing substantial harm. Despite actual knowledge that the pool posed a life-threatening risk

to swimmers, Defendants’ made no attempt to remedy the electrical hazard or to warn the hotel

guests. This conduct demonstrates a conscious disregard for the lives and safety of the hotel

patrons.

The facts further demonstrate that Inter-Continental and Six Continents are culpable

Defendants.

As a direct and proximate result of Defendants’ negligence and flagrant disregard for

safety, Thomas Seuffert Kiczek jumped into the pool and was electrocuted. Under these facts,

Plaintiffs are entitled to compensatory and punitive damages from all named Defendants.