Tag Archives: Death

Hospitality Industry Legal Risks: Family Of Man Who Died At "After-Hours Party" Files "Wrongful Death" Lawsuit Against Washington Restaurant; Victim Was "Over-Served" Alcohol, Did Not Receive Assistance

“…The injury occurred during an after-hours party hosted by the establishment’s general manager, who allegedly gave Lee liquor and marijuana…(the lawsuit alleges) that the restaurant broke the law by hosting an Alcohol Drink Responsiblyafter-hours party and put Patrick Lee in danger by over-serving him liquor, then failing to summon assistance when he was injured…”

The father of a man who died after allegedly falling and hitting his head during a party at a Puyallup restaurant has filed a wrongful-death lawsuit against the business. Attorneys for David Lee filed the lawsuit on his behalf this month in Pierce County Superior Court.

Lee is the father of Patrick Lee and the representative of the younger man’s estate. He seeks unspecified damages from Mis Tres Amigos, a family-owned Mexican restaurant with locations in Puyallup and Lakewood.

Patrick Lee, 22, died in November 2010 allegedly after becoming extremely intoxicated at the restaurant, the lawsuit states.

Instead of summoning help for Lee, the general manager and one of Lee’s friends “left him in a booth and continued to party,” the lawsuit alleges.

Lee was found the next morning unresponsive and having difficulty breathing. The general manager and Lee’s friend took him to Good Samaritan Hospital in Puyallup. He eventually was transferred to Harborview Medical Center in Seattle, where he was declared brain dead and removed from life support.

Read more here: http://www.thenewstribune.com/2012/12/25/2414300/man-sues-puyallup-eatery-says.html#storylink=cpy

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Hospitality Industry Legal Risks: North Carolina Restaurant Ordered To Pay $1.7 Million To Parents Of "Unborn Child" Killed By Man In Alcohol-Related Head-On Collision

 “…attorneys say Huffman had been drinking at Eddie’s Place, and that his blood alcohol content was 0.23, nearly three times the legal limit in North Carolina…”

A jury has awarded a Charlotte couple $1.7 million in a lawsuit against a local restaurant in connection with a head-on collision that killed the couple’s unborn son.

Attorneys for Matt and Meredith Eastridge say 25-year-old David Canter Huffman was speeding in his Volvo on Oct. 29, 2010, when the car crossed the center line and hit Matt Eastridge’s Toyota RAV4.

Police say Huffman died in the crash, as did the Eastridges’ unborn son. Meredith Eastridge was a front-seat passenger and was six months pregnant.

For more:  http://www.therepublic.com/view/story/106eccfc426d4238a06f31c1cffbbf72/NC–Collision-Lawsuit

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Hospitality Industry Legal Risks: California Hotel Sued By Family Of Woman Killed Crossing Street To Parking Lot; "Duty To Ensure Safety Of Guests"

“…The civil complaint alleges The Cliffs Resort has a duty to ensure the safety of its customers but failed to do so…the location is dangerous because resort patrons who do not use valet service must park on the east side of Shell Beach Road…they must cross the busy street without the benefit of a crosswalk, traffic controls, warning signs, or proper lighting…the lawsuit claims.”

The family of a woman struck and killed by an SUV while crossing Shell Beach Road in Pismo Beach nearly a year ago has filed a lawsuit seeking to improve safety at the site. The lawsuit was filed April 11 against The Cliffs Resort and the city of Pismo Beach by San Luis Obispo personal injury lawyer  Ryan Harris on behalf of the family of Tricia Rittger.

The Los Osos resident was 39 when she was struck Nov. 19, 2011, in front of the hotel and subsequently died, leaving behind husband Aaron and a 4-year-old daughter.

Harris said the lawsuit seeks to force The Cliffs and the city to improve safety for customers walking from the parking lot across Shell Beach Road to the hotel and restaurant.

For more: http://www.timespressrecorder.com/articles/2012/09/28/news/news54.txt

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Hospitality Industry Health Risks: "Wrongful Death" Lawsuit Filed Against Illinois Hotel For Legionnaire's Disease Outbreak Tied To Fountain In Lobby

“…Health officials tied the outbreak to the main fountain in  the hotel lobby. The plaintiff …alleges the  hotel didn’t properly maintain the fountain and said the company neglected to  prevent visitors from walking near the fountain when the hotel should have known  about the bacteria…”

The family of a Florida man who died after catching  Legionnaire’s disease at a Loop hotel has filed a wrongful death suit against  Marriott International. Luis Enrique Acevedo Muro was one of three people who died  after being exposed to Legionella bacteria at the JW Marriott Chicago Hotel, at  151 W. Adams St., according to the lawsuit and public health officials.

Acevedo Muro, of Key Biscayne, Fla., contracted Legionnaire’s  disease after  staying at the hotel from Aug. 1 to Aug. 3, the suit claims. He  died Aug. 14.

The eight-count suit, filed Wednesday in Cook County Circuit  Court,  claims wrongful death and survival action against Marriott and   Chicago-based developer The Prime Group, Inc.  It seeks an unspecified  amount in  damages. Neither company could be reached for comment Wednesday evening.

Legionnaires’ disease is contracted by breathing in mist or  vapors from water contaminated with the Legionella bacteria and usually develops  two to 14 days after exposure. It frequently begins with headache, high fever  and chills, and progresses by the second or third day to include a cough, chest  pain and shortness of breath.

Source: http://www.nbcchicago.com/news/local/legionnaires-disease-outbreak-chicago-hotel-marriot-171439911.html#ixzz27g7k8GHy

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Hospitality Industry Property Risks: West Virginia Hotel Fire Destroys 30 Rooms, Killing One Man

“…Witnesses told authorities the fire appeared to start in the top section of the motel’s west wing, but no cause has been determined… The fire destroyed about 30 rooms…”

The West Virginia Fire Marshal’s Office says a Louisiana man has died of burns he suffered during a weekend hotel fire. Media outlets identified the victim as 21-year-old Dustin McCellen.

The marshal’s office didn’t provide his hometown, and the chief investigator on the Wilsonburg blaze didn’t immediately respond to a message Tuesday.

McCellen was an oil and gas industry worker who was staying at the Towne House West Motor Lodge when it caught fire early Sunday morning.

No one else was injured. Many of the rooms were rented by other gas workers who had gone home for the weekend.

For more:  http://www.wowktv.com/story/19511136/la-gas-worker-dies-of-burns-from-wva-motel-fire

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Filed under Fire, Guest Issues, Injuries, Insurance, Liability, Management And Ownership, Risk Management

Hospitality Industry Guest Safety: California Hotel "Re-Emphasizing Safety Policies" After Woman Falls From 11th-Floor Balcony In Apparent Suicide

After the latest incident, Wood emphasized to hotel employees the importance  of their training for Intervention Procedures certification, a program designed  to help employees prevent intoxication, underage drinking and drunken  driving…”A lot of people don’t understand that we are not a public place. This is a  private business, and we have the right to refuse service to anyone,” Wood said.  “We want to protect our guests, and that’s where our training comes into  play.”

Officials at the Crowne Plaza Ventura Beach Hotel say they are re-emphasizing  safety policies after the death of a 36-year-old Santa Barbara woman who  recently fell from an 11th-floor balcony. The woman’s death was determined to be a suicide, according to Ventura County  medical examiners. The woman fell from the balcony about 7:30 p.m. Aug. 30 and  hit the roof of the C-Street Restaurant below,Ventura police said.

Douglas Wood, general manager of the Crowne Plaza, said the hotel’s balcony  rails measure between 42 and 42.5 inches in height. According to guidelines set  by the International Building Code, hotel balcony railings must be at least 42  inches high, and the space between rails cannot be greater than 4 inches.

Hotel balconies also must be able to withstand a strong load, to make sure  the railings don’t fall down if someone pushes on them, according to the  code. The Crowne Plaza meets all three standards, said Jeffrey Lambert, Ventura’s  community development director.

Still, it was the seaside hotel’s third fall this year. On June 1, a  60-year-old Ventura woman committed suicide by jumping from a 12th-floor fire  escape staircase. On Jan. 13, a man suffered severe injuries after falling off a  balcony and hitting a concrete pool deck.

After the June incident, Wood said, the hotel decided to install tempered  glass along the fire escape staircase.

Wood said there are no plans to change the structure of the balconies. The  hotel underwent a complete renovation in 2006.

Former requirements call for balcony rails to be at least 36 inches tall and  no greater than 6 inches apart, said Chad Callaghan, a security consultant for  the American Hotel and Lodging Association.

Some hotels have taken other preventive measures, such as restricting roof  access, checking later on guests who seem troubled when checking in, and doing  away with patio furniture on balconies, which may invite children to climb on  top of them, Callaghan said.

Other hotels have placed labels on sliding-glass doors warning parents to  watch their children and never leave them unattended on the balcony, he said.  Sliding-glass doors at the Crowne Plaza have a sticker in the shape of a palm  tree to protect guests from walking into the glass.

“No matter what type of railing a hotel room may have, there is no substitute  for common sense and good parenting,” Callaghan said.

And despite laws designed to protect hotel guests from injuries and falls,  officials say, suicides may be unavoidable.

“The hotel has a responsibility to protect guests. They don’t have a legal  duty to provide reasonable protection against suicides,” Callaghan said. “If a  person wants to commit suicide, they’re going to find a way to do it.”

Read more:  http://www.vcstar.com/news/2012/sep/09/ventura-hotel-re-emphasizes-safety-policies-fall/#ixzz264jtAdSi – vcstar.com

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Hospitality Industry Legal Risks: Wisconsin Restaurant Owners Sued For $550,000 For "Negligence" In Alcohol-Related Shooting Death Of Patron

“… the defendants (are accused) of violating the Illinois Wrongful Death Act… were negligent for failing to take reasonable actions to protect customers, allowing a patron with weapons to be on the premises and allowing people inside the restaurant who were “quarrelsome, disorderly, hostile and vicious.”

The family says they have lost their means of support while also suffering a loss of society, consortium, guidance and companionship. The Ortizes ask to be awarded more than $550,000 in damages plus courts costs.

A Pontoon Beach restaurant is accused of causing the death of a Granite City man who was shot and killed there last year. Brenda Ortiz, as special administrator of the estate of Jesus Ortiz-Flores, and Luis F. Ortiz filed a lawsuit Aug. 15 in Madison County Circuit Court against La Mexicana Inc., also known as La Mexicana Restaurant Inc., Orlando Gudino, Berzain Gudino and Oscar Guidno. Choteau Properties Inc. is also listed as a defendant.

The 37-page lawsuit stems from a shooting that happened at La Mexicana on Chouteau Trace Parkway in Pontoon Beach on August 19, 2011, the suit states. According to statements made by police to media immediately following the incident, Jesus Ortiz-Flores, 20, was shot once in the head in the parking lot of the La Mexicaca restaurant and died immediately. Plaintiff Luis Ortiz, who was 18 at the time, was allegedly shot multiple times during the incident but survived.

Brenda Ortiz and Luis Ortiz accuse La Mexicana restauraunt, the owners and managers and Choteau Properties, the owner of the building, of directly contributing to the shootings. The Ortizes contend the restaurant served alcohol to the alleged shooter, Fernando Gallegos, 17, allowing him to become intoxicated and then attack Ortiz-Flores, causing his death. They say the defendants’ actions constitute a violation of the Illinois Dram Shop Act.

For more:  http://www.madisonrecord.com/news/246266-la-mexicana-restaurant-in-pontoon-beach-sued-over-shooting-death

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Hospitality Industry Alcohol Risks: Mississippi Casino Resort And Spa Sued For $75 Million By Family Of Man Who Died After Consuming "Free Drinks"

The suit claims casino workers kept serving free drinks to 30-year-old Bryan Lee Glenn in August 2009, ignoring pleas from the drunken man’s family to stop serving him. 

A lawsuit claims a Mississippi casino served so much alcohol to a man taking powerful prescription painkillers that he died on the floor of his hotel bathroom. The lawsuit against IP Casino Resort and Spa in Biloxi was filed Wednesday in U.S. District Court in Gulfport. It seeks damages of $75 million.

The suit says Glenn died in his hotel room. He’d taken prescribed painkillers including Percocet, morphine and Xanax, as well as antipsychotic medications in the three weeks before his death, the lawsuit says. He was being treated for physical injuries as well as psychosis and hallucinations. Glenn had suffered a traumatic brain injury in a 2004 four-wheeler accident, then suffered back injuries in a 2007 car wreck.

Read more here: http://www.miamiherald.com/2012/07/27/2915715/75m-lawsuit-claims-casino-let.html#storylink=cpy

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Hospitality Industry Security Risks: Husband Of Slain Woman Sues California Hotel In Wrongful Death Lawsuit; Claims Homeless People Were Known Threat To Guests

“…court documents say that hotel security were aware that homeless people and others had committed “assaults with deadly weapons, thefts, and other disturbances,” but “failed to take any security measures” to keep guests safe, the complaint alleges…”

The lawsuit claims that a homeless man or “uninvited third party” walked through an unsecured first-floor door and killed Finley’s wife while he was sleeping in the couple’s sixth-floor room.

A wrongful death lawsuit against the Biltmore Hotel moved forward on Monday when a man whose wife was found dead at the LA landmark during an audition for “America’s Got Talent” alleged the hotel destroyed evidence to cover up the slaying of his wife.

The body of his wife, Laura, was found in a stairwell at the famed downtown hotel on Oct. 23, 2010.

Hotel security failed to warn guests about security issues related to remodeling work being done on the first and second floors, court documents said.

Hotel security found Laura Finley’s body at the bottom of the first-floor staircase. The body of the 48-year-old woman was found with no top and wearing pants that were inside out. Her diamond rings were missing, court papers said.

For more:  http://www.nbclosangeles.com/news/local/Americas-Got-Talent-Audition-Death-Biltmore-Hotel-161855745.html

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Hospitality Industry Property Risks: Hawaii Hotel Tree Trimmer Dies After Falling Forty Feet To Pool Deck; Fourth Tree Care Worker To Die In 18 Months

“…the tree trimmer died after falling about 40 feet during work at a Waikiki  resort…he landed on the pool  deck at the Hilton Hawaiian Village…”

Barcelona was the fourth tree trimmer to die in the state since January 2011.  Five died between November 2009 and November 2011, and three between January  2011 and July 2011…according to the state Department of  Labor and Industrial Relations.

The Hawaii Occupational Safety and Health Division will investigate the  death, which the medical examiner’s office said was an accident. Police do not  suspect foul play.

In response to the spate of deaths, the state and the Aloha Arborists  Association held a series of tree care safety workshops on Oahu, the Big Island  and Maui, Kunstman said.

In November, the state recommended penalties of $10,000 for a Maui  landscaping company after an investigation found one of the company’s tree  trimmers fell to his death from a coconut tree while using a rusty line patched  with duct tape. In September, a 71-year-old tree trimmer died after a coconut  tree fell on him in Kailua.

The Kailua company’s owner, Wesley Jay, didn’t immediately respond to a  request for comment. Stasia Barcelona said her son looked up to his boss, who  was very cautious, and dreamed of someday taking over the business.

According to the state Department of Commerce and Consumer Affairs, the  company has a valid license in good standing. The hotel extended their  condolences to the family in a statement.

Read more:  http://www.vcstar.com/news/2012/jun/12/trimmer-dies-after-fall-from-tree-at-waikiki/#ixzz1xgScV88n – vcstar.com

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