A wild encounter at 39 Degrees has resulted in a lawsuit.
Jon L. Belsher is suing Kimpton Hotels, the owner of Sky Hotel and its 39 Degrees lounge, for damages after a raccoon allegedly “bit his right middle finger while his arm was across the top of the [outdoor 39 Degrees’] sofa and behind his fiancee’s back,” according to a complaint filed this week in the Pitkin County Courthouse.
The ’coon attack allegedly occurred on Sept. 2. Belsher claims he required prophylactic injections of a rabies vaccination over a period of 28 days, including his and his fiancee’s eventual honeymoon in France.
His attorney, Chad Barness, claims that “It is clear that [the] defendants knew of the wild animal problem in the lounge area and the danger associated with the wild animals’ presence. Nevertheless, [the] defendants allowed guests to feed and encourage the presence of wild animals in the lounge area.” The complaint alleges the raccoon problem resulted in pain, suffering, anguish, inconvenience, loss of enjoyment of life and disruption of lifestyle, and other injuries.
The alleged attack happened at about 9:30 p.m.
Representatives of the Sky Hotel could not be reached for immediate comment. The lawsuit requests a jury trial.