Category Archives: Injuries

by | April 15, 2012 · 1:31 am

Hospitality Industry Legal Risks: California Hotel Sued For Violating "State Liquor Control Act" By "Over-Serving Alcohol" To Hotel Guest Who Sustained Critical Spinal Injury In Fall

“…The complaint seeks compensatory, punitive and other damages from the Hotel St. Francis and Heritage Hotels and Resorts of Albuquerque, which has managed the hotel since 2008. It says the defendants violated the state Liquor Control Act and other laws by over-serving alcohol to Sherman…”

A California man says in a lawsuit that he is a paraplegic because he was over-served alcohol at the Hotel St. Francis’ bar two years ago, fell down and damaged his spine.  Mike Sherman of Petaluma, Calif., accuses the hotel staff of destroying videos that might show how he ended up with a vertebral fracture at the downtown hotel.

According to a complaint filed April 1 in state District Court, Sherman checked into the St. Francis on April 26, 2010, then went to its Secreto Bar and ran up three tabs totaling $177.97.

By 8 p.m., bar manager Daniel Gonzales determined Sherman was intoxicated, served him one more cocktail and told bar employees that would be his last, yet he was served other drinks later, the complaint says.

By 10 p.m., it says, Gonzales walked Sherman to his room, but later that evening, or early the next day, security guard James Cox found Sherman unconscious and lying on the floor outside two other hotel rooms.  Sherman was taken to Christus St. Vincent Regional Medical Center for emergency treatment of his spinal injury, then transferred back to California for further treatment.

The complaint by lawyers Esteban Aguilar of Albuquerque and Michael Kelly of San Francisco says a lawyer working for Sherman’s partner, Scott Clark, called Steve Caalim, who was then the hotel’s general manager, to ask that he preserve videos or other records relating to the incident.

But Sherman was told that none of the hotel’s several security cameras were working that night, the complaint says, accusing the hotel of having the videos “intentionally destroyed, erased, deleted or otherwise tampered with … to hide, conceal or destroy evidence.”

For more:  http://www.santafenewmexican.com/Local%20News/Man-sues-hotel-over-spinal-injury

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by | · 1:31 am

Hospitality Industry Legal Risks: California Hotel Sued For Violating "State Liquor Control Act" By "Over-Serving Alcohol" To Hotel Guest Who Sustained Critical Spinal Injury In Fall

“…The complaint seeks compensatory, punitive and other damages from the Hotel St. Francis and Heritage Hotels and Resorts of Albuquerque, which has managed the hotel since 2008. It says the defendants violated the state Liquor Control Act and other laws by over-serving alcohol to Sherman…”

A California man says in a lawsuit that he is a paraplegic because he was over-served alcohol at the Hotel St. Francis’ bar two years ago, fell down and damaged his spine.  Mike Sherman of Petaluma, Calif., accuses the hotel staff of destroying videos that might show how he ended up with a vertebral fracture at the downtown hotel.

According to a complaint filed April 1 in state District Court, Sherman checked into the St. Francis on April 26, 2010, then went to its Secreto Bar and ran up three tabs totaling $177.97.

By 8 p.m., bar manager Daniel Gonzales determined Sherman was intoxicated, served him one more cocktail and told bar employees that would be his last, yet he was served other drinks later, the complaint says.

By 10 p.m., it says, Gonzales walked Sherman to his room, but later that evening, or early the next day, security guard James Cox found Sherman unconscious and lying on the floor outside two other hotel rooms.  Sherman was taken to Christus St. Vincent Regional Medical Center for emergency treatment of his spinal injury, then transferred back to California for further treatment.

The complaint by lawyers Esteban Aguilar of Albuquerque and Michael Kelly of San Francisco says a lawyer working for Sherman’s partner, Scott Clark, called Steve Caalim, who was then the hotel’s general manager, to ask that he preserve videos or other records relating to the incident.

But Sherman was told that none of the hotel’s several security cameras were working that night, the complaint says, accusing the hotel of having the videos “intentionally destroyed, erased, deleted or otherwise tampered with … to hide, conceal or destroy evidence.”

For more:  http://www.santafenewmexican.com/Local%20News/Man-sues-hotel-over-spinal-injury

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by | April 5, 2012 · 1:40 am

Hospitality Industry Property Risks: Oklahoma Hotel Fire Linked To Water Heater Closet That Spread To Attic; Over $40,000 In Damage

“….(the fire posssibly) started in a water heater closet in one unit and spread to  the attic…Crews are reporting fire damage in two units and smoke damage in the other  six.  The damage is estimated at $40,000 to $50,000…”

One man was taken to the hospital and 10 people lost their place to sleep  after an overnight hotel fire.

Flames broke out around 2 a.m. at Studio 6 Extended Stay Hotel near 41st and  Memorial.

Investigators say the fire is not suspicious. Several people suffered minor smoke inhalation.  One man was transported  to the hospital as a precaution.N

No other injuries were reported.

Read more: http://www.kjrh.com/dpp/news/local_news/fire-at-hotel-displaces-guests-sends-1-man-to-hospital#ixzz1r8LKFV00

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by | March 29, 2012 · 8:38 am

Hospitality Industry Property Risks: New York Elevator Mechanic Dies When Electrocuted During Maintenance Work Near Control Panel

“…(He) was performing maintenance in the engine room on the ninth floor of  the Axa Equitable building …when he was electrocuted just  after 9:30 p.m…”  

Con Edison was called to the scene for safety reasons, an  agency spokesman said, but it was unclear how the man came into contact with  live wires in the room that houses a control panel and a riser that works to  operate the building’s 34 elevators.

A 39-year-old elevator mechanic died when he was electrocuted at work in a  44-story midtown office building Wednesday night, fire and police officials  said.  Emergency responders found  the repairman unconscious and in cardiac arrest, a fire official said.  But  he died less than 30 minutes later, according to a police source.
“He’s  dead,” a fire source at the scene said. “He was lying on live  wires.”
Building workers said the man had been employed for the past five  years by the Schindler Group – a company that develops, installs and services  elevators and escalators, according to its website – which contracts with the  building to supply in-house mechanics to keep up with repairs.
“He has  three kids, it’s horrible,” said one coworker said. “He was a very nice guy. He  was hardworking and smart,” he said of his fallen friend. “But no one knows what  happened.”
Read more: http://www.nydailynews.com/new-york/mechanic-electrocuted-elevator-manhattan-office-building-article-1.1052532#ixzz1qWQmFsvr

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by | March 19, 2012 · 8:26 am

Hospitality Industry Property Risks: Texas Hotel Evacuated After Guests Exposed To Carbon Monoxide; Boiler Room Thought To Be Source

“…several people from the hotel went to a hospital on their own and nobody was seriously hurt. He says the individuals apparently had similar symptoms, such as nausea and headaches, leading hospital personnel to contact the fire department…”

Part of a Dallas-area hotel has been evacuated after some people got sick from possible carbon monoxide exposure.

Wilson says carbon monoxide possibly was detected in a hotel boiler room. A clerk who answered the phone said the front desk area had been declared safe. Warning alarms could be heard in the background.

Read more here: http://www.star-telegram.com/2012/03/19/3819780/part-of-irving-hotel-evacuated.html#storylink=cpy

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by | March 16, 2012 · 8:14 am

Hospitality Industry Legal Risks: Virginia Hotel Sued For $12 Million By Family Of Woman Killed By Valet Driver

“…A multi-million dollar lawsuit is filed in Richmond Civil Court, by the husband of the woman killed outside of a downtown Richmond hotel, allegedly by a valet driver for that hotel…Court documents say that (the valet) pulled out of the driveway of the hotel and instead of turning onto the street, he turned left down the sidewalk and ran right into (the woman)…”

“…Among those named in the suit is the Hilton Garden Inn. And the valet company employed at the hotel…”

In (the civil lawsuit) — Stone’s husband, John, lays out the pain, sorrow and anguish he’s been dealing. Stone died just a few days before their wedding anniversary. The suit says Josephine Stone’s death was a direct result of the negligence, recklessness and a conscious disregard for her rights and safety. The total amount wanted: more than 12 million dollars.

The Hilton released this statement, saying, “We deeply regret the tragic loss of any life especially this promising young person. We continue to work with the third party operator, parking management services, on this matter and will continue to cooperate with local authorities as we have done since this tragic accident. We continue to keep the stone family and friends in our thoughts and prayers.”

Gray is facing a involuntary manslaughter charge as well. That is set to go to a trial on May 25th.

For more:  http://www.nbc12.com/story/17170161/civil-lawsuit-filed-in-woman-killed-outside-richmond-hotel

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by | March 10, 2012 · 8:24 am

Hospitality Industry Legal Risks: Jury Awards Maryland Woman $225,000 In Nation's Largest "Bed Bug Liability Judgment"

On Thursday, a jury ordered Calidad Furniture & Linen Inc., the store that sold Jackson a pair of wood-frame beds, to pay Jackson and her sons $225,000 for the ordeal. It is one of the largest bedbug liability judgments in the country.

Multimillion-dollar lawsuits over bedbugs have become increasingly common as infestations have spread across the country and victims seek to hold landlords, hotels and retailers responsible for their exterminator bills and mental anguish.

But a public judgment is rare in bedbug liability cases. Lawsuits seeking millions of dollars in damages have received publicity in recent years, such as several filed against the Waldorf-Astoria hotel in New York. But most fade away with confidential settlements.

In July 2010, Adarien Jackson’s 6-year-old son, Kaden, began complaining of itchy bumps on his ankles. They soon turned into a rash and spread to his back, behind his ear, and on his eyelid.

The child’s pediatrician and dermatologists tried allergy drugs, diet changes, oils and oatmeal baths. But it wasn’t until months later that Jackson discovered the cause of the problem. Kaden’s twin brother, Kyler, began waking in the middle of the night, crying out, “Bugs are crawling on me!”

Jackson realized her sons’ beds — which she had recently purchased from a furniture store in Elkridge — were teeming with bedbugs, according to a lawsuit she filed in Anne Arundel County in December 2010.

 

For more:  http://articles.baltimoresun.com/2012-03-09/news/bs-md-bed-bug-verdict-20120309_1_bedbug-infestation-bunk-beds-bed-wetting

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by | February 28, 2012 · 1:17 am

Hospitality Industry Property Risks: New York Hotel's "Fatal Elevator Accident" Caused By Service Company's "Maintenance Errors"

Maintenance workers failed to enable a door safety circuit on an elevator moments before an advertising executive was killed after stepping into the elevator in an office tower in Midtown Manhattan, according to officials from the city’s Department of Buildings and the Department of Investigations.

According to officials, the workers did three things wrong:

  • They never re-enabled the safety circuit after performing the upgrade and restoring the elevator to normal service.
  • They did not post a warning that work was being performed, as required under the city’s building code.
  • They did not call the Buildings Department for an inspection, as legally required, before putting the elevator back into service.

If the circuit had been working properly, officials said, it would most likely have prevented the elevator from moving abruptly and pinning the executive, Suzanne Hart, inside an elevator shaft. As a result, the Buildings Department is suspending the license of the owner of the maintenance company, Transel Elevator, that performed the work and will seek to have the license revoked.

For more:  http://cityroom.blogs.nytimes.com/2012/02/27/city-blames-fatal-elevator-accident-on-poor-maintenance-work/

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by | February 22, 2012 · 1:26 am

Hospitality Industry Health Risks: West Virginia Restaurant Workers Hospitalized After Exposure To Hazardous Chemicals

Nine workers at the IHOP restaurant in the Shops at Trace Fork along Corridor G were taken to the hospital Friday morning after a worker mixed chemicals and released a cloud of hazardous material into the air.

About 50 people were inside the restaurant at about 9:15 a.m. when an employee added the wrong chemical to a dishwasher used to clean restaurant hardware.

South Charleston Fire Department Capt. Virgil White said the two chemicals — a degreaser and a chlorine-based cleaner — are used in routine cleaning at the restaurant and were mixed together in a way that created “hazardous air quality.”

Although the employees are familiar with the cleaning products used, White said, the employee “may have grabbed the wrong bottle to do his mixture with and it created this problem.”

One IHOP employee, who asked not to be identified, said “there was a big cloud of smoke and it filled up the air. It smelled like straight bleach.”

For more:  http://wvgazette.com/News/policeblotter/201202170049

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by | February 8, 2012 · 7:36 am

Hospitality Industry Health Risks: Texas Hotel Sued Over "Toxic Mold" In Room That Sickened Guest

“…the defendants “knew or should have known that the dangerous condition, toxic mold, existed on said premises, but failed to warn and/or failed to correct the said dangerous condition…the toxic mold caused the plaintiff’s personal injuries and property damage in question,” the suit says…”

Friendswood resident Stacy Johnson is suing Park Management Group and Sun Suites Interests alleging she was sickened by toxic mold in a hotel room.

Johnson’s lawsuit, filed Feb. 1 in Galveston County Court at Law No. 1, alleges the plaintiff fell ill on Aug. 3, 2010, as a result of toxic mold found in a room at Sun Suites of Clear Lake in Houston.

Park Management Group was responsible for the safety and habitable state of the rooms at the property in question while Sun Suites Interests owned said property, the suit says.

The original petition shows subsequent tests confirmed that the mold was in Johnson’s room and it was recommended that she not stay in the room.

For more:  http://www.setexasrecord.com/news/241622-woman-sues-hotel-claiming-toxic-mold-made-her-sick

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