Married couple claims negligence in accident at hotel

ANY liability is a large liability! Every exposure is cause for alarm and immediate response. Something as simple as a loose skimmer cover on a pool deck has the potential to cause a wide variety of injuries not to mention the large impact it is likely to have on your business. A business owner can be considered negligent when they knew or should have known of a hazard and either failed to repair it or failed to provide proper warning about the hazard. Pennsylvania Record, Kasey Schefflin-Emrich, reports a case of exposure that quickly became an unpleasant and substantial liability.


Pool incident


PHILADELPHIA – A Wallingford woman and her husband are suing a hotel, alleging she suffered serious injuries after falling near the pool.

Catherine Gardner and Kurt Gardner filed a lawsuit June 15 in the U.S. District Court for the Eastern District of Pennsylvania against E.J. Delmonte Corp. and Delmonte Hotel Group, Marriott International, Inc., and Marriott Residence Inn, citing negligence.

According to the complaint, on June 15, 2013, Catherine Gardner was a guest at the Marriott Residence Inn, 500 Paddy Creek Circle in Rochester, N.Y., when her foot dropped into a deep hole after she stepped onto a loose cover located on the pedestrian walk section in the pool area.

The suit states the defendants failed to inspect the safety of the walking surface, replace the loose skimmer cover, and give prior warning of the dangerous condition or take other safety precautions to prevent injury to hotel guests.

Additionally, the plaintiff claims the defendants violated the codes and ordinances of New York State and the city of Rochester relating to the maintenance of swimming facilities and hotels.

Catherine Gardner alleges she suffered various physical injuries, severe shock and injury to her nervous system, mental anguish, large medical expenses, loss of wages and possible permanent disability thus impairing her future ability to make money. Her husband Kurt says the accident led him to lose society, care, consortium and companionship of his wife.

The plaintiffs seek damages in excess of $150,000. They are represented by attorney Gerald B. Baldino Jr.

U.S. District Court for the Eastern District of Pennsylvania case number: 2:15-cv-03349-RB.


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