Hotel Provincial sued on claims that 'hidden trap' caused guest to fracture leg

By Eliza Walker | Oct 18, 2013

Dan Claitor

NEW ORLEANS – A woman who broke her leg after allegedly tripping and falling on an elevated transom is suing a local hotel where the incident occurred.

Rebecca Bofinger, husband and William, filed suit against Hotel Provincial LLC, Provincial Motels Inc. and Zurich American Insurance Company in the Orleans Parish Civil District Court on August 8.

The suit states that on Aug. 9, 2012, the plaintiffs, both Baton Rouge residents, traveled to New Orleans, where they stayed at the Hotel Provincial. That night, as plaintiff Rebecca Bofinger was preparing for bed, she allegedly made her way to the bathroom and “literally stumbled upon a hidden trap in the form of an unexpected change in elevation between the bathroom and the bedroom, causing her to stumble and suffer severe injuries to her left leg, including a fracture.”

The defendant is accused of failing to warn, failing to fix the change of elevation, failing to properly design the floor, failing to act as a reasonable or prudent person would under the same or similar circumstances and being otherwise negligent.

The plaintiff seeks an unspecified amount of damages for severe and permanent injuries to her body and mind, multiple surgeries fracture necessitated, the implementation of hardware and many doctors and physical therapy visits.

Additionally, as a consequence of the accident, plaintiff William Bofinger has suffered a loss of his wife’s services, including but not limited to loss of society, loss of services, loss of consortium, and loss of love and affection.

The plaintiffs are represented by attorney Daniel A. Claitor of Baton Rouge.

The case has been assigned to Division D Judge Lloyd J. Medley.

Case no. 2013-07470.

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