PHILADELPHIA – A New Jersey man is bringing the Marriott hospitality company to court for injuries he claims to have suffered as a result of falling in a guest room bathtub in one of its hotels in Oregon.
Joseph Berger of Delran, N.J. filed suit in the Philadelphia County Court of Common Pleas on April 27, versus Marriott International, Inc., of Bethesda, Md.
The case was then removed to the U.S. District Court for the Eastern District of Pennsylvania on May 28.
Berger says he was a business invitee of Marriott and staying in its Portland Marriott Downtown Waterfront Hotel on Nov. 3, 2018, when he fell in the bathtub of Room 512, due to alleged carelessness and negligence of the defendant.
Berger asserts Marriott failed to maintain the bathtub’s surfaces in a safe condition, failed to install slip-fall prevention and/or slip-fall mitigation fixtures and materials in the bathtub, failed to install grab bars in the bathtub and failed to warn guests that shower curtain rods were not properly installed, among other claims.
According to the lawsuit, Berger claims he suffered bodily trauma, pelvic and spinal strains and sprains, left knee trauma, left knee lateral meniscus repair, post-traumatic stress disorders and aggravation of existing gastrointestinal disorders, among numerous other injuries.
For a count of negligence, the plaintiff is seeking damages in excess of $50,000, plus interest and costs.
The plaintiff is represented by Steven E. Wolfe in Holland.
The defendant is represented by Michael Melusky and Paul K. Leary Jr. of Cozen O’Connor, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-02508
Philadelphia County Court of Common Pleas 200401369
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com