Erin Achenbach//January 2, 2025//
A $2 million settlement was reached for a hotel guest who was injured after slipping on water in the hotel lobby.
Both parties remained confidential in the settlement, which was reached Sept. 25.
According to claim, the 65-year-old guest fractured her left femur after slipping in water and falling in the hotel lobby. Having had her knees replaced 10 years prior, the fracture required a much larger and complex prothesis.
The additional hardware caused ongoing infections, multiple debridement procedures and lifetime preventative antibiotics.
The claim alleges that, despite sending a spoliation letter days after the injury requesting all security video be persevered, the defendant’s management employees allowed reviewed footage to be deleted. It was proven they received the letter within the time frame that the video would be preserved.
The plaintiff filed a motion for finding spoliation and sanctions but the case was about two weeks before going to trial. Mediation was overseen by Judge Heather Cunningham.
The plaintiff’s attorney, Brian Winebright of Cantor Injury Law in St. Louis, said the case showed the importance of getting involved early.
“The defendants would have been quite handcuffed at trial, having seen it themselves and erasing it,” Winebright said.
Winebright added that it emphasized the importance of attorneys also getting involved early on.
“It can make a positive difference or outcome for their clients,” he said. “It’s (also) a warning shot for other defendants to preserve evidence.”
- Premises liability
- Amount of settlement: $2 million
- Type of action: Premises liability
- Case Number/Date: 9/25/2024
- Plaintiffs’ experts: None
- Defendants’ experts: None
- Injuries: Leg, knee, ankle, foot
- Caption: Confidential V. Confidential
- Plaintiff’s Attorney: Brian Winebright of Cantor Injury Law
- Defendant’s Attorneys: Confidential
- Insurance carrier(s): Confidential
This article credit to MOLawyersMedia