Case details
Defense claimed housekeeper not at fault for leaving room
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
death, diabetic ketoacidosis
FACTS
On Feb. 10, 2015, plaintiffs’ decedent Christopher Bush, 56, a medical device engineer, died from diabetic ketoacidosis while in a hotel room in Anaheim. Bush’s widow and two adult children claimed that twice before his death, Bush was seen by a housekeeper acting “out of it” and then lying on the floor, but failed to report the incidents. The decedent’s wife, Ellen Bush, and his two adult children, Christopher Robert Bush and Samantha Bush, sued OHI Resort Hotels, LLC; Pacific Hospitality Group Ventures Inc.; and the hotel’s general manager, Joe Leinacker. Wyndham Hotel Group, LLC, Wyndham Hotel Management Inc. and Wyndham Worldwide Operations Inc. were named as defendants, but they were ultimately dismissed from the case. Another defendant, Rebecca Parrott, was dismissed from the case before closing arguments. In addition, the decedent’s two children accepted section 998 settlement offers of $50,000 each prior to trial. Plaintiff’s counsel contended that the hotel’s housekeeper should have reported an “unusual” situation when she saw the decedent acting “out of it” and intoxicated in the morning, and then later saw him in the afternoon lying on the floor making noises. The plaintiff’s endocrinology expert testified that ketoacidosis onsets slowly and that the decedent was having symptoms for two days. However, the doctor admitted that sleeping or intoxication, and ketoacidosis essentially look the same. The plaintiff’s hotel expert testified that the housekeeper was not properly trained to report the guest’s condition and that lying on the floor in the afternoon was very unusual and should have alerted the housekeeper to summon help, particularly after the guest had appeared “out of it” in the morning. Defense counsel argued that the plaintiff’s experts had admitted that there was nothing truly “unusual” for the housekeeper to report and that the decedent died because he failed to take insulin, call for help or ask the hotel for a welfare check. Defense counsel also noted that the decedent’s wife knew that her husband was symptomatic, but that she was unable to contact the hotel before he died because he had not left her his itinerary or any contact information. In addition, counsel contended that the plaintiff’s hotel expert agreed that the standard in the hotel industry is that housekeepers encountering an occupied room are to leave immediately to insure the guest’s privacy and housekeeper safety, and argued that the housekeeper saw the guest for less than one minute, saw nothing unusual to report and left the room per industry standards., Christopher Bush, 56, suffered from diabetic ketoacidosis and died in his hotel room on Feb. 10, 2015. He was survived by his wife, Ellen Bush, then 56, a school teacher; his son, Christopher Robert Bush, then 22, a salesperson; and his daughter, Samantha Bush, then 24. Ellen Bush sought recovery of at least $2,231,909 in wrongful death damages for the loss of her husband of 30 years. Of the total damages sought, she sought recovery of $1,231,909 in economic damages and $1 million in general damages. She testified that there were no issues in their marriage and that her husband was her best friend and daily companion. Defense counsel contended that the decedent was an alcoholic who had two prior, similar diabetic incidents, but where he had been found in time by his wife.
COURT
Superior Court of Orange County, Orange, CA
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