The only reason I can see for filing this lawsuit so quickly is to have it in play while the investigation is still going on so MB can't cover up the facts of the case very easily.
I tend to apply an “innocent until proven guilty” sort of perspective even to civil cases. And in cases like this, I put myself in the hotel’s shoes. Out of the box I see it as “there had better be some gross negligence here or the planitiff gets nothing.
And I view it from the perspective of before it happened. i.e. it had never happened before.
I was on the juries of two one month technical cases in Seattle in superior court about 30 years ago. As soon as the jury retired to deliberate, I told the rest of the jurors about jury nullification.
Both were civil cases. The defendant won in both cases. One was the city of Seattle regarding a fall on a playground. The other was a doctor replacing blood vessels in a man’s leg.