Tag Archives: Wrongful Death Lawsuit

by | December 24, 2013 · 7:02 am

Hospitality Industry Safety Risks: Texas Hotel Faces “Wrongful Death” Lawsuit; Guest Falls Off “Defective Treadmill”

“…During his stay, (the deceased) went to use the property’s exercise room where he got on a treadmill maintained by Exer-Tech, according to the Hospitality Industry Wrongful Death Lawsuitssuit…a “defective” condition in the treadmill caused him to fall and strike his head (causing) a serious injury to his head which in turn resulted in his death…”

The family of a man who allegedly sustained a fatal head injury while working out at a Houston hotel has pursued legal action, recent court documents say. The late William Lake III’s widow and their three minor children filed a lawsuit against Marriott Hotel Services Inc. and Exer-Tech Inc. in Harris County District Court on Nov. 14.

Houston federal court received the case on Dec. 18. At the time of the events of last May 15, Lake was a paying guest at the Houston Marriott George Bush Intercontinental Airport.

His survivors fault Marriott for failing to address the treadmill’s allegedly dangerous condition while Exer-Tech is blamed for allegedly failing to properly maintain and repair the device. Consequently, the plaintiffs seek unspecified monetary damages.

For more:  http://setexasrecord.com/news/292891-family-asserts-defect-in-hotel-treadmill-caused-mans-fatal-head-injury

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by | October 3, 2013 · 5:30 am

Hospitality Industry Safety Risks: Texas Hotel Faces “Wrongful Death & Gross Negligence Lawsuit” After Electrocution Of Young Boy; Pool Light System Did Not Have GFCI, Meet Electrical Codes

“…An investigation after the electrocution death found that the pool “did not meet applicable city, state and national electrical codes” Hospitality Industry Wrongful Death Lawsuitsand did not have Ground Fault Circuit Interrupters (GFCI) on the pool light system which are normal installations in pool construction to prevent electrical surges…Brown Electric Inc., had been hired by Hilton to bring the pool into compliance but, according to a city of Houston inspector, had performed work without obtaining the proper permits. After the death Hilton and Brown were cited for “use of electrical system which constitutes a hazard to safety, health and public welfare.”…”

In a lawsuit filed Wednesday, a Missouri City family alleges “gross negligence of epic proportions” for the swimming pool electrocution death of a young man at a Hilton Hotel swimming pool. Raul Hernandez Martinez, 27, and his family spent the Labor Day weekend at the Hilton Houston Westchase hotel at 9999 Westheimer in West Houston.

They were at the swimming pool at dusk when the lights came on automatically. Eyewitness accounts, and now a civil lawsuit, detail how an electrical current immediately surged through the water. David Duran, 11, “suddenly cried out as his body convulsed and he began to float helplessly near the pool light in the deep end,” according to the lawsuit the family filed against Hilton Hotels and the Houston-area electrical contractor Brown Electric Inc., which had performed recent upgrades to the pool’s electrical system.

The boy’s mom Isabel Duran reached for her son and was shocked as well and knocked unconscious. She was revived via CPR and suffered several broken ribs when family members and bystanders dragged her from the pool. The boy’s brother, Raul Hernandez Martinez then fought through the electrical current to retrieve his little brother and push him to the edge of the pool where others helped pull him out.

For more:  http://www.khou.com/news/local/Family-files-lawsuit-in-hotel-pool-electrocution-death-226219641.html

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by | September 18, 2013 · 8:44 am

Hospitality Industry Safety Risks: Pennsylvania Restaurant Owner Faces “Wrongful Death Lawsuit”; Man Suffered Cuts, Cardiac Arrest After Falling Thru “Plate Glass Door”

“…The complaint claims that (the restaurant owner) knew the glass doors were unsafe, and, “despite owning and operating the restaurant and premises for decades … never even attempted to make the plate glass entrance door even marginally safer, such as Hospitality Industry Wrongful Death Lawsuitsthrough the application of widely available safety films that are applied to glass and cost only a few dollars per square foot of coverage…(the victim) allegedly suffered several cardiac arrests and was pronounced dead at 2:03 p.m. due to “penetrating injuries to the neck leading to acute hemorrhagic shock.””

A widow blames hazardous plate glass for the death of her retired college professor husband who badly cut his throat on the shattered door of a sandwich shop.

Plate glass, also known as annealed glass, “constitutes a well-known safety hazard when broken because such glass can break into large, sharp and unreasonably dangerous jagged shards if impacted,” according to the complaint in Butler County, Pa.

Laminated or tempered glass is safer because it “fractures into small relatively harmless cubes that are less likely to cause significant injury,” the complaint adds.  Cynthia Brunken sued Bob’s Sub and Sandwich Shop, located in Slippery Rock Commons, and its owner Cindy Marlowe for wrongful death.

A national standard was officially recognized in 1966 and an act was created in Pennsylvania “Requiring the Use of Safety Glazing Materials.”

“Despite the known and obvious risks involved with the use of plate glass or annealed glass entrance doors, the glass entrance door used at the Bob’s Sub and Sandwich Shop restaurant on June 3, 2013 contained dangerous plate glass or annealed glass, and did not incorporate adequate or safer glazing material, rendering the glass door unreasonably dangerous to customers, business invitees and specifically, Glen W. Brunken,” according to the complaint.

For more:  http://www.courthousenews.com/2013/09/18/61234.htm

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by | September 8, 2013 · 6:15 am

Hospitality Industry Crime Risks: Connecticut Hotel Manager Settles Multimillion Dollar “Wrongful Death Lawsuit”; Woman Murdered In Lobby By Intoxicated Man At Room Party

“…The former managers of a Stamford hotel agreed Friday to settle a multimillion dollar lawsuit brought against the hotel by the family of a 21-Hospitality Industry Wrongful Death Lawsuitsyear-old Greenwich woman stabbed to death by her ex-boyfriend there nearly six years ago…the trial addressed a real important public safety issue — and that was hotel safety…”

Details of the settlement were sealed in a confidentiality agreement, but lawyers for the family of Layla Renee Banks appeared very happy as they left the Main Street courthouse. On Thursday they had asked a jury to return a verdict of $20 million for their clients.

In the late evening of Oct. 13, 2007, a group of teens and young adults from Greenwich, wanting to extend what began as a sweet 16 party at one of their homes, rented a room on the third floor of the five-story hotel. Alcohol use was rampant among the partygoers who swelled to about 100, court documents and police reports show.

By his own admission later to police, he had had about six drinks at the party when he confronted Banks. He wanted to know why she hadn’t returned his emails or phone calls. After they began arguing, Banks screamed for help, eventually fleeing from Botello and the party to the hotel’s lobby, court documents and police reports state.

In a darkened hallway off the lobby, Botello caught up with the young woman, reports state. He clamped his hand over her mouth to prevent her from screaming and in the ensuing struggle he threw her purse down the hall.

Banks began sobbing and crying for help as a hotel worker began vacuuming the end of the hallway, the reports state. Panicked, Botello later told police he pulled out a knife and began stabbing Banks over and over — some 90 times, the medical report states.

For more:  http://www.ctpost.com/local/article/Hotel-murder-lawsuit-settled-4792732.php

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by | July 28, 2013 · 6:25 am

Hospitality Industry Safety Risks: Ohio Hotel Sued For “Negligence” By Family Of Security Guard Stabbed To Death By Homeless Man; “Unlocked Outside Stairwell Doors” Posed Safety Threat

“…(the suit claims) the  hotel was obligated to provide a safe place for its employees to work, (but) the outside stairwell doors were left unlocked as Hotel Wrongful Death Lawsuitspart of hotel  policy…the suit claims the  hotel’s employees routinely left exit doors to the stairwells unlocked from the  outside, and the family’s attorney said this allowed the homeless (man) to come inside and sleep…the  safety threat posed by the unlocked doors was foreseeable and should have been  prevented…”

The family of a security guard who was stabbed to death while on duty has sued  the hotel where he worked. Richard Campbell was  stabbed to death on his 58th birthday, Dec. 7, when he confronted a man in the  stairwell of the Hilton Netherland Plaza in downtown Cincinnati. Joseph Tucker pleaded  guilty last month to one count of murder in the slaying and was sentenced to 15  years to life in prison.

Tucker said he was high on  marijuana and drunk at the time, and he said he’s not sure why he stabbed  Campbell. Police said Tucker was in  the process of stealing something when the security guard confronted  him. Campbell’s brothers and  sisters filed a lawsuit Tuesday in Hamilton County Common Pleas Court, claiming  the hotel was negligent.

Read more: http://www.wlwt.com/news/local-news/cincinnati/family-of-slain-security-guard-sues-hotel/-/13549970/21181176/-/qbalbyz/-/index.html#ixzz2aLjd0nBP

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by | May 13, 2013 · 6:31 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Settles “Excessive Alcohol Lawsuit” For $8.9 Million; Staff To Complete “Responsible Alcohol Management Training” And Establish “Designated Driver Program”

“…(the drunk driver) consumed at least six liters of beer and several  shots of liquor over a period of about 41/2 hours…(he) vomited on a table and was  escorted out of the bar by security. He was allowed to leave, walked to his car  and crashed a short time later…his Hospitality Industry Excessive Alcohol Lawsuitsblood-alcohol level an hour after the crash was 0.219, more than twice  the legal limit…”

  • The restaurant’s staff, including managers, servers, bartenders and security, to be certified  in Responsible Alcohol Management training through an approved Pennsylvania  Liquor Control Board trainer.
  • Responsibility for identifying intoxicated guests will be included in job  descriptions for security personnel. In addition, the restaurant will establish  guidelines for responsible alcohol service and disseminate those to  employees.
  • It will use a new point-of-sales system to provide individual checks so they  know how much alcohol each customer is getting.
  • It also will provide water to  guests to slow alcohol consumption; will establish a designated driver program  providing complimentary non-alcohol beverages and will provide free light food  for guests who appear to be intoxicated.

The family of a 7-year-old girl who was killed by a drunken driver in 2010  after he left the Hofbrauhaus restaurant on the South Side on Tuesday reached a  $15.6 million settlement with the company. In addition to the financial payout, the German-style facility has agreed to  a number of changes in its protocol to try to reduce customer intoxication and  drunken driving.

Lexa Cleland, who was asleep in the back seat as her mother drove to pick up  her husband, Mark, from work the night of Dec. 4, 2010, was killed instantly  when her mother’s Toyota Camry was struck by a Ford Mustang driven by Travis  Isiminger on East Carson Street on the South Side.

The settlement breakdown pays $8.9 million to Nicole Cleland; $500,000 to  Mark Cleland; $2.1 million to the estate of Lexa Cleland; and just over $4  million to their attorneys, Goodrich & Associates, for costs and fees.

The lawsuit was filed against Hofbrauhaus and Isiminger, whose insurance will  be responsible for paying $100,000 of the settlement.

Read more: http://www.post-gazette.com/stories/local/neighborhoods-city/owners-of-south-sides-hofbrauhaus-settle-in-girls-death-for-156-million-686644/#ixzz2TBFxrkyx

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by | March 24, 2013 · 8:43 am

Hospitality Industry Legal Risks: Illinois Hotel Faces Second Lawsuit For “Emotional Distress” Resulting From Drowning Of Young Boy; “Failure To Maintain Pool By Not Installing Phone And Posting Emergency Numbers”

“…the suit alleges Pheasant Run Resort and Spa, McArdle Ltd., and Oakbrook Hotels and Resorts should be held liable for the emotional distress caused to Carlos Escobar, who was 12 when he saw his stepbrother drown. Both lawsuits argue the resort failed to maintain the pool properly by Hospitality Industry Lawsuitnot posting emergency numbers or installing a phone at the pool…”

A Belvidere teen, who saw a relative drown at the Pheasant Run Resort in St. Charles more than five years ago, has sued the resort and hotel, claiming emotional distress. The suit, filed this month in Kane County court, is the second involving the Dec. 28, 2007, drowning of Javier Gonzalez, 21, of Garden Prairie, Ill.

A wrongful-death suit was filed in 2009 by the mother of the drowning victim. Daniel Murphy, a lawyer representing the plaintiffs in both lawsuits, declined to comment.

The suit also claims the resort was cited by the DuPage County Health Department at least seven times for not having a buoyed safety rope dividing the shallow and deep sections of the pool, and did not have proper lifesaving equipment on the deck.

According to the suit, Gonzalez was playing in the pool with four relatives, ages 12 through 15, when he became distressed and sank face down to the bottom near the drain. There was no lifeguard on duty and the children frantically called for help before going to their parents’ rooms for assistance, the suit states.

A Pheasant Run employee could not locate any rescue equipment, and Gonzalez was underwater for at least five minutes, the suit said. He was eventually pulled from the water, but CPR did not work and he was pronounced dead on arrival at Delnor Hospital in Geneva. Both lawsuits seek more than $50,000 in damages.

For more:  http://www.dailyherald.com/article/20130321/news/703219793/?interstitial=1

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by | December 27, 2012 · 10:09 am

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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by | December 23, 2012 · 8:00 am

Hospitality Industry Legal Risks: Connecticut Hotel Guilty In "Wrongful Death" Lawsuit Filed By Family Of Man Killed By Hotel Van; Jury Awards $2.3 Million For Driver's Negligence

The jurors ruled both Coleman and Campos were at fault in the accident. But the jurors said Coleman, and thus LaQuinta as well, were responsible for 58 percent of the negligence and Campos was responsible for 42 Hospitality Industry Lawsuitpercent…the (victim) was found to share some of the negligence probably because “no one can say for sure” if he obeyed a stop sign…the (driver) did not have a stop sign…”

“…The lawsuit also alleged (driver) was using a cellphone in violation of state law…the jurors awarded $1,709,840 in damages to the victim’s estate and $580,000 in damages to the widow…”

The family of Jose Mauricio Campos Thursday won a jury verdict of nearly $2.3 million in a wrongful death lawsuit against a hotel corporation and its employee, the driver of a van that struck Campos. Campos, 52, was riding a bicycle at about 6:45 p.m. Sept. 15, 2008 when he was hit by the van, operated by Robert Edward Coleman, near the intersection of Westfield and Gilbert streets in West Haven.

Coleman was a defendant in the civil suit, along with his employer, LaQuinta Inn and Suites, owned by LQ Management. He and the corporation were found to be equally liable.

Campos, who was not wearing a helmet, was thrown to the pavement by the impact and suffered a serious head injury. He died three days later at Yale-New Haven Hospital after emergency surgery. The plaintiff was his wife, Gregoria Campos of West Haven. The Camposes had three sons, now adults.

For more:  http://nhregister.com/articles/2012/12/22/news/new_haven/doc50d67c73417dd288959464.txt

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by | October 6, 2012 · 7:05 am

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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