Tag Archives: Personal Injury Lawsuits

by | December 22, 2013 · 7:10 am

Hospitality Industry Safety Risks: Kentucky Motel Faces $1.1 Million “Negligence Lawsuit” After Guest Is Injured By Collapsed External Stairway

“…(the plaintiff) suffered broken heels and ankles in both legs, three broken bones in her lower back and multiple lacerations and bruises Hospitality Industry Injury Lawsuitsfollowing the April 23 stairway collapse…the defendants were negligent by “specifically allowing or creating a hazardous condition in the stairwell of the premises by failing to ensure that the steps were safe for use …” She also alleges the owners and manager should have known about the unstable stairwell. She is asking the court to award her $200,000 in medical expenses, $500,000 for pain, suffering and mental distress and $400,000 for future impairment to earn a living…”

A woman who was injured earlier this year after an external stairway collapsed at Richmond’s Super 7 motel suffered serious injuries that may make it impossible for her to work again, according to a lawsuit she has filed. Amanda R. Williams is suing the owners and operators of the motel, Richmond Host LLC and Alisha LLC, and the motel’s local manager, Paul Patel.

Williams said she must wear a back brace and is “confined to a wheelchair.” Both her legs are in boots, and she is under the care of a orthopedic doctor and a neurosurgeon in additional to receiving physical therapy, according to her suit.

See more at: http://www.richmondregister.com/localnews/x1250993435/Woman-details-injuries-suffered-in-motel-stairway-collapse#sthash.MR4LdSyZ.dpuf

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by | November 26, 2013 · 9:20 am

Hospitality Industry Legal Risks: Louisiana Restaurant Sued By Disabled Customer Injured By Heavy Door; “No Assisted Open Device, Proper Signage”

“..(the plaintiff) went to open the heavy door leading to the restroom (and) when it swung back, (it) scraped her left leg, knocked her walker out Hospitality Industry Injury Lawsuitsfrom under her and caused her to fall to the ground. The plaintiff asserts she was injured in the fall…The defendant is accused of not providing an assisted open device on the door, failing to provide signage notifying her the door was heavy and failing to act as a reasonable person…”

A disabled customer who alleges she was injured in a fall while trying to open a door at a local restaurant is suing. Rosalie Miller filed suit against Johnny Trauth’s Seafood Bistro LLC in the 24th Judicial District Court on Nov. 4.

Miller claims she was a customer at Johnny Trauth’s Seafood Bistro located at 2121 25th St. in Kenner.  An unspecified amount in damages is sought for severe injuries, pain and suffering and permanent disability.

For more:  http://citizensvoice.com/news/lawsuit-edwardsville-man-finds-cockroach-inside-chicken-mcnugget-1.1591419

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by | October 19, 2013 · 6:12 am

Hospitality Industry Legal Risks: Louisiana Hotel Sued For “Negligence” By Woman Who Tripped On “Elevated Transom” In Bathroom; Seeks Damages For Surgeries For Fractures To Leg, Physical Therapy, Loss Of Consortium

“…(the plaintiff) allegedly made her way to the bathroom and “literally stumbled upon a hidden trap in the form of an unexpected change in Hospitality Industry Injury Lawsuitselevation between the bathroom and the bedroom, causing her to stumble and suffer severe injuries to her left leg, including a fracture”…The defendant is accused of failing to warn, failing to fix the change of elevation, failing to properly design the floor, failing to act as a reasonable or prudent person would under the same or similar circumstances and being otherwise negligent…(the lawsuit) seeks an unspecified amount of damages for severe and permanent injuries to her body and mind, multiple surgeries fracture necessitated, the implementation of hardware and many doctors and physical therapy visits…”

A woman who broke her leg after allegedly tripping and falling on an elevated transom is suing a local hotel where the incident occurred. Rebecca Bofinger, husband and William, filed suit against Hotel Provincial LLC, Provincial Motels Inc. and Zurich American Insurance Company in the Orleans Parish Civil District Court on August 8.

The suit states that on Aug. 9, 2012, the plaintiffs, both Baton Rouge residents, traveled to New Orleans, where they stayed at the Hotel Provincial.

Additionally, as a consequence of the accident, plaintiff William Bofinger has suffered a loss of his wife’s services, including but not limited to loss of society, loss of services, loss of consortium, and loss of love and affection.

For more:  http://louisianarecord.com/news/256016-hotel-provincial-sued-on-claims-that-hidden-trap-caused-guest-to-fracture-leg

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by | September 17, 2013 · 6:11 am

Hospitality Industry Legal Risks: Illinois Restaurant Sued For “Negligence” By Woman Who Slipped In Puddle Of Water; Seeking $50,000 For “Leg Injuries, Pain And Suffering”

“…(the plaintiff) blames the restaurant for causing her injuries, saying its employees negligently allowed a puddle of water to remain on its Hospitality Industry Injury Lawsuitspremises, failed to remove the puddle, failed to reasonably inspect the premises and failed to properly manage the restaurant…In addition to her injuries, (she) became sick, lame, disordered and disabled; experienced pain and suffering; incurred medical costs; and suffered disability and disfigurement, the suit states. She also lost earnings and wages, the complaint says…”

A woman claims suffered left knee and leg injuries after she fell on a puddle of water at a Mexican restaurant. Andrea B. Mercer filed a lawsuit Aug. 29 in Madison County Circuit Court against Chivas doing business as Carisilos Mexican Restaurant. In her complaint, Mercer alleges she was eating at Carisilos, which is located at 1978 Vandalia St. in Collinsville, on Sept. 3, 2011, when she fell on a puddle of water in the restaurant.

In her complaint, Mercer seeks a judgment of more than $50,000, plus costs and other relief the court deems just.

For more:  http://madisonrecord.com/issues/366-personal-injury/259131-collinsville-mexican-restaurant-sued-by-customer-over-slip-and-fall

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by | September 9, 2013 · 6:27 am

Hospitality Industry Legal Risks: Missouri Restaurant Operator Ordered To Pay $20.5 Million To Man Permanently Disabled After Beating In Parking Lot; “Failure To Prevent Fight”, Violated “Disruptive Customer Policies”

 “…(the plaintiff) claimed the fast food giant failed to prevent the fight, poorly trained its employees and violated its own policies for dealing Hospitality Industry Injury Lawsuitswith disruptive customers…(the jury) actually returned a $25 million verdict against Jack in the Box after an eight-day civil trial. That was reduced to $20.5 million after the jury found Aziz to be 18 percent at fault for the attack…”

A City Court jury ordered Jack in the Box restaurants to pay $20.5 million to a man who is permanently disabled from a beating in a parking lot 3 years ago.  Ali Aziz, now 35, was beaten unconscious and spent more than a year in a coma after the June 20, 2012 assault. He has permanent brain damage and cannot walk or feed himself, the St. Louis Post-Dispatch reported.

Aziz, through his mother Annette Brown, sued Jack in the Box in City Court in 2011.  Four people – three men and a woman – pleaded guilty and have gone to prison for it.
Earnest Carter, 22, was sentenced to 12 years in prison; Jasmine Jeffries, 22, to 15 years; Johnnie Lane, 33, to 5 years; and Rwoeshan Booker, 20, to 13 years, the Post-Dispatch reported.

A Jack in the Box spokesman said the company is considering an appeal.

For more:  http://www.courthousenews.com/2013/09/09/60939.htm

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by | August 21, 2013 · 5:58 am

Hospitality Industry Legal Risks: Texas Restaurant Sued By Man Who Fell On Step Hidden By “Busy Carpet Pattern”; “Dangerous Condition Created”

“…The suit asserts the defendant should haven known that the excessive pattern on the carpet obscured patrons’ abilities to detect the step and Hospitality Industry Injury Lawsuitsthat it confuses the eye…the suit further alleges there were no warning signs of the dangerous condition…the plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain, impairment and lost wages…”

Orange County resident Danny Stilley is blaming a “busy carpet pattern” at an area restaurant as the reason why he tripped and fell. Stilley filed suit against Kampus Korner Restaurant on Aug. 14 in Jefferson County District Court. According to the lawsuit, on Feb. 4, 2012, Stilley was a patron at the restaurant, located near the Lamar University campus. He purchased a cup of coffee and was instructed to go sit at an elevated section of the diner.

Stilley sat at his table for some time and when he got up he failed to “detect the change in floor elevation and tripped,” hitting the ground and knocking himself unconscious.

“The elevated area was covered with a carpet with a busy pattern,” the suit states. “Due to the very busy pattern on the carpet, it is difficult to detect the rise in elevation.”

For more:  http://setexasrecord.com/news/288504-busy-carpet-pattern-caused-mans-fall-suit-alleges

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by | August 13, 2013 · 6:00 am

Hospitality Industry Legal Risks: Louisiana Motel Sued For “Negligence” After Guest Falls Down Flight Of Stairs; Claims Poor Lighting Led To Injuries

“…The lawsuit is seeking an award of damages for medical expenses, loss of impairment of earnings or earning capacity, physical pain, mental Hospitality Industry Injury Lawsuitsanguish, physical impairment, physical disfigurement, mental impairment, loss of society and/or consortium, mental anguish, loss of household services, interest, court costs and attorney’s fees…”

A Super 8 Motel in Alexandria, La., is being sued after a guest fell down a flight of stairs due to poor lighting. Sonya Lynn Moore and J. David Moore filed suit against Super 8 Worldwide Inc., H.L. & H. Holding Co. Inc., Wyndham Worldwide Inc., individually and doing business as Wyndham Hotel Group, on July 3, 2013 in Jefferson County District Court. The defendants removed the case to Eastern District of Texas, Beaumont Division on Aug. 8.

The plaintiffs were guests on the premises of the Super 8 Motel in Alexandria on Jan. 24, 2013, when Sonya Moore allegedly fell down a flight of stairs.

The defendants are accused of negligence due to a lack of adequate lighting.

For more:  http://setexasrecord.com/news/288075-super-8-motel-sued-after-guest-falls-down-stairs

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by | July 27, 2013 · 5:48 am

Hospitality Industry Legal Risks: Texas Restaurant Sued For $1 Million By Customer Who “Slipped And Fell On Peanut Shells” On The Floor; Claims “Unreasonably Dangerous Condition”

“…The lawsuit states that (the plaintiff) slipped and fell in the restaurant on March 19, and that the restaurant and employees knew or should Hospitality Industry Injury Lawsuitshave known that the peanut shells on the floor created an unreasonably dangerous condition…(she) is suing for damages for physical pain, mental anguish, physical impairment, medical expenses, lost wages, loss of earning capacity and court costs…”

A Harlingen woman is seeking $1 million after she claims she slipped and fell on peanut shells on the floor of a local restaurant. Amelia Tijerina has filed a civil lawsuit arguing that Texas RoadHouse Inc. is responsible for the peanut shells on the restaurant’s floor. RoadHouse has denied Tijerina’s allegations and demands proof.

Tijerina sued the restaurant in state district court, but Texas RoadHouse moved the lawsuit to federal court, according to court records.

She also maintains that the restaurant or employees should have warned her about the peanut shells or should have removed them.

She is presented by Attorney Salvador Garcia and Jorge A. Green with The Green Law Firm of Brownsville.

Attorneys Karl W. Koen, Robert J. Collins, and Rachel R. Vulpitta of Gauntt, Earl, Binney & Koen, LLP of Dallas, who represent Texas RoadHouse, contend that it was Tijerina’s own actions or omissions that caused or contributed to her injury.

For more:  http://www.valleymorningstar.com/news/local_news/article_3296dd56-f669-11e2-a706-0019bb30f31a.html

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by | June 7, 2013 · 5:51 am

Hospitality Industry Legal Risks: Hotel Management Must Evaluate And Prepare For Potential “Punitive Damage Claims” In Lawsuits Arising From Privacy, Over Service Of Alcohol And Criminal Actions Of Employees

“…the No. 1 priority is effective case evaluation and resolution. Early factual investigation is critical in determining what happened, why it happened and who was involved. Knowing and preserving the correct version of facts and events with effective reporting mechanisms is essential Hospitality Industry Lawsuitto knowing what kind of claim possibly can be presented and what kind of exposure exists…”

“…it is critical to evaluate the potential punitive exposure early and assess the potential for a punitive claim to get to a jury. Always consider the risk that punitive damages may get to a jury, how a jury will receive the evidence and whether your hotel could be punished by a jury that is attempting to make a statement that these incidents will not be tolerated…”

Hoteliers may face the problematic public-relations case that contains a punitive damages claim. These claims include: invasion of privacy, inappropriate surveillance, over service of alcohol, and criminal actions of employees and third parties. These cases are difficult for members of the hospitality industry who pride themselves on showing customers a positive experience, want good feedback and want customers to return to their hotel.

Securing and preserving evidence, which includes photographs, videos, an accident report, incident statement and/or witness statements must be undertaken to document what the incident involves. If photographs and videos are not preserved once a hotel has notice of a claim, a court could instruct the jury that they can infer the hotel destroyed the evidence for a reason. It is critical to use technology to best find and preserve evidence. No potential accident can be overlooked as a hospitality group never knows what accidents can turn into a possible lawsuit.

For more:  http://www.hotelnewsnow.com/Articles.aspx/10625/How-to-respond-to-punitive-damages-claims

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by | May 21, 2013 · 5:44 am

Hospitality Industry Legal Risks: Kentucky Motel Owners And Manager Sued For “Negligence” By Woman Injured When Stairway Broke Away From Second-Floor Landing

“… stairway connecting a second-floor landing to a third-floor landing broke away at the lower end while the women were on it…(the plaintiff) states in her Hospitality Industry Injury Lawsuitssuit that the defendants were negligent by “specifically allowing or creating a hazardous condition in the stairwell of the premises by failing to ensure that the steps were safe for use …she also alleges the owners and manager should have known about the unstable stairwell…”

One of the women injured in a staircase collapse last month at a local motel is suing the business in Madison Circuit Court. Amanda Williams filed the suit May 15, alleging the owners and operators of the Super 7 motel, Richmond Host LLC and Alisha LLC, were negligent in maintaining the property, specifically the “unstable stairwell.”

Williams also is suing Paul Patell, who is listed in the suit as the motel’s local manager. On April 23, two women were injured when a set of exterior stairs collapsed.

Williams and another woman were taken by ambulance to Baptist Health in Richmond, and one of the women later was taken to the University of Kentucky Medical Center, according to a Madison County EMS official.

Williams said she suffered “serious and severe personal injuries” to her spinal cord and legs. She will need prolonged medical attention and may require surgery, according to the lawsuit.

Williams is suing to recover the costs of her medical care, pain and suffering, mental distress, future medical expenses and lost wages.

For more:  http://richmondregister.com/localnews/x508507707/Woman-sues-Super-7-over-staircase-collapse

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