PITTSBURGH – A Western Pennsylvania man has filed suit after his stay at a Pittsburgh Days Inn hotel, resulted in him suffering a broken hip after exiting the shower in his room.
Michael Conforti of Rymersburg filed suit in the Allegheny County Court of Common Pleas on Nov. 22 versus Days Inn by Wyndham Pittsburgh-Harmarville of Pittsburgh and K&R Hotels II, LLC, of New Castle.
“The defendants, individually or collectively provided hospitality services to individuals in Allegheny County. Defendants owe a duty of care to its guests to protect them from foreseeable risks and harm. On Jan. 13, 2022, the defendants’ provided hospitality services to the plaintiff,” the suit states.
“At all times material hereto, in the room in which plaintiff stayed, there existed a dangerous fall hazard condition consisting of a bathtub which was elevated from the ground floor thus presenting an unexpected drop as a person exits the tub. On Jan. 13, 2022, plaintiff had showered and as he exited the tub, he was caused to fall violently to the ground due to the large step-down that was not even with the elevated tub floor.”
The suit continues that prior to Jan. 13, 2022, the defendants were aware of the risk associated with the bathtub described herein, as guests had tripped and fallen in the shower on prior occasions.
“As a direct and proximate result of the aforementioned accident, plaintiff sustained the following injuries, some or all of which are or may be permanent: Fracture to the right hip requiring surgery, severe pain in and about the hips and other injuries as the medical records may reveal or which have yet to be diagnosed,” the suit says.
“As a direct and proximate result of the incident described, plaintiff sustained the following damages, some or all of which are or may be permanent: He has endured, and will continue to endure great pain, suffering, inconvenience, embarrassment, mental anguish, monetary expenditures for the care of his injury, and emotional and psychological trauma. He has been, and will be required to, expend large sums of money for medical treatment and care, medical supplies, rehabilitation and therapeutic treatment, medicines and other attendant services. His general health, strength and vitality have been impaired, and he has been and will in the future be unable to enjoy various pleasures of life that he previously enjoyed.”
For two counts of negligence, the plaintiff is seeking damages in excess of the jurisdictional limits for compulsory arbitration, together with court costs, interest and all other relief the Court may deem just and equitable.
The plaintiff is represented by G. Christopher Apessos of Apessos Law, in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-013410
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com