Photos show deteriorated brackets, wood supports; wage loss is contended
Plaintiff, a 50-year-old Michigan resident, and her two sons had a room at defendant Hawthorn Suites. On July 18, 2009, at approximately 9 a.m., plaintiff attempted to walk down the exterior stairway of the hotel. Upon stepping on the third stair from the bottom, the step rolled forward, as it had not been properly secured. Plaintiff lost her balance, and upon being thrown forward, she hit the second step and landed on the concrete.
An ambulance was called, and plaintiff spoke to one of the inn’s maintenance workers, who showed up shortly after to repair the steps. The maintenance worker admitted that the steps had rotted and needed to be replaced. Photographs of the stairway showed the deteriorating condition of the remaining brackets and wood supports.
Plaintiff’s injuries included a right meniscal tear, which required surgery; an aggravation of a previous back injury, which was asymptomatic; and soft tissue injuries to shoulder, neck and ankles.
Plaintiff was self-employed, and one of her jobs involved managing her rental properties. She alleged that her injuries left her unable to properly perform her responsibilities, resulting in wage loss. Her medical bills were in excess of $60,000.
Plaintiff contended that defendant failed to: properly maintain the property; inspect the premises to discover the deteriorating condition of the wood steps; and warn its guests of the pending danger.
The matter settled for $350,000.
Type of action: Premises liability
Type of injuries: Meniscal tear, aggravation of prior back injury, soft tissue injuries to shoulder, neck and ankles
Court/Case no./Date: U.S. District Court, Northern District of Ohio; 3:11-cv-1350; April 5, 2013
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