Guest punctures lung in bathtub slip at Omni Royal, suit says

Michelle Massey Apr. 25, 2011, 2:22am


A New Orleans hotel is being sued for more than $700,000 after a hotel guest slipped while getting out of the shower and suffered broken ribs and a punctured lung.

James M. Colvin filed suit against Omni Hotels Management Corp. and Omni Royal Crescent Corp. on April 18 in federal court in New Orleans.

The incident occurred on Aug. 7, 2010 as Colvin was exiting the shower in a hotel room at the Omni Royal Crescent Hotel in New Orleans. Colvin states he slipped on the drenched wet floor outside the tub and as a result slipped backwards, hitting the sharp edge of the tub. He suffered five broken ribs and a punctured lung.

The defendants are accused of knowing of the dangerous condition because a floor drain was installed two to three inches away from the bathtub.

The defendant is accused of negligence for maintain the bathroom in an unsafe condition, for not sufficiently diverting water from the floor, for providing a shower curtain that facilitated the water to flow to the bathroom floor and for not installing grab bars within the shower.

The plaintiff is seeking more than $700,000 in damages for pain and suffering and medical expenses.

Colvin is represented by Daniel J. Caruso of Simon, Peragine, Smith & Redfearn in New Orleans. A jury trial is requested.

U.S. District Judge Ivan L. R. Lemelle is assigned to the case.

Case No. 2:11-cv-00887

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