Pennsylvania Record

Saturday, January 25, 2020

Resort blamed in vacationer's accident

By Carol Ostrow | Jun 17, 2015

Merchant kay firm

PITTSBURGH - A Pennsylvania couple are suing North Carolina-based resort business, alleging premises negligence in a fall that led to health difficulties for the husband.

Sheldon and Fabyonne Williams, of Homestead, filed a lawsuit June 1 in U.S. District Court for the Western District of Pennsylvania against Divi Resorts Inc. and Divi Hotels Marketing Inc. of Chapel Hill, N.C., alleging negligence in a 2013 accident that left Sheldon Williams impaired.

According to the complaint, the defendants jointly own and operate a timeshare vacation resort known as Divi Aruba Phoenix Beach Resort in Aruba. The suit says when the plaintiffs arrived for a stay June 30, 2013, Sheldon Williams noticed a puddle of water outside their room and notified management. The lawsuit says he slipped on a wet floor inside the room July 1, falling into a closet while attempting to retrieve an ironing board.

The suit states water had accumulated from a pipe leak in a utility closet across the hall from the couple's quarters and the pipes had rusted, displaying evidence of long-lasting water damage. The suit says the resort failed to maintain, inspect, repair and warn guests of the leak, and that Divi Aruba intentionally tried to hide the hazard from visitors. Sheldon alleges shoulder and knee injuries, including aggravation of a pre-existing condition requiring new surgery. 

The plaintiff cites scarring and disfigurement, lost wages, medical expenses, loss of enjoyment of life, anxiety and loss of consortium.

The Williamses seek compensation in excess of $75,000, interest, attorney fees and court costs. They are represented by attorney Paul Kay of Merchant & Kay in Pittsburgh.

U.S. District Court Western District Pennsylvania case number: 2:15-cv-00710-RCM.

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