Case details
Hotel denied repair-worker breathed hazardous substance
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
pulmonary, respiratory
FACTS
In March 2011, plaintiff Richard Millard, a hotel management services employee at Sage Hospitality Inc., was working at the Hilton San Diego Del Mar. Millard claimed that when he entered a crawl space to turn off a valve, in order to stop a water leak in the hotel’s restrooms, he was exposed to a cloud of white dust. Later that day, he went to a hospital, after allegedly developing breathing problems. In 2015, Millard was diagnosed with tracheobronchomalacia, a condition characterized by flaccidity of the tracheal support cartilage, which can lead to a collapse of the airway. He claimed his condition was caused by exposure to a limestone product while working in the crawl space at the Hilton San Diego Del Mar. Millard sued Sunstone Hotel Properties Inc., Sunstone Durante LLC, and Sunstone Durante Lessee Inc. (which was initially erroneously sued as Sunstone Hotel Investors Inc.) Sunstone Durante, LLC and Sunstone Durante Lessee Inc. settled out of the case, and the matter proceeded to trial only against Sunstone Hotel Properties Inc. Plaintiff’s counsel contended that the limestone substance that Millard encountered, dolomitic hydrated lime, is used for moisture and odor control, and is often an ingredient in concrete. Counsel argued that the product constituted a dangerous condition and that the property manager, Sunstone Hotel Properties, should have been on notice about use of the product, a potentially dangerous substance, as it was listed on the material safety data sheet. Thus, plaintiff’s counsel argued, Sunstone Hotel Properties should have warned Millard about the potential hazards of being exposed to the product. Defense counsel disputed that Millard was exposed to dolomitic hydrated lime. Counsel contended that although Millard claimed he was exposed to white dust in the crawl space, the substance on Millard’s boots tested more acidic than dolomitic hydrated lime, which is typically more alkaline. Thus, defense counsel argued, although Millard was exposed to something, Millard did not meet his burden of proof in proving he was exposed to dolomitic hydrated lime. Further, Sunstone Hotel Properties disputed that limestone was an unreasonably dangerous product and that it had any notice of the product being dangerous. It also contended that it had stopped managing the Hilton San Diego Del Mar about 10 months before Millard’s alleged exposure., Millard claimed that he developing breathing problems after being exposed to a cloud of white dust in the crawlspace. He went to a hospital later that day. He then had many follow-up visits during the year. He claimed that he ultimately developed tracheobronchomalacia, a serious condition that hampers his breathing. Millard claimed that his condition is permanent and that he will eventually require a tracheotomy and 24-hour nursing care. He also claimed that he had not been able to work since the day he was in the crawlspace and is classified as disabled. Thus, Millard sought recovery of past medical expenses and the cost of future treatment, including 24-hour nursing care and medical expenses related to a tracheotomy. He also sought recovery of damages for his past and future pain and suffering. The plaintiff’s life-care planning expert opined that Millard’s life-care plan was estimated to total $12 million, based on a life expectancy of five to 27 years. (Millard did not seek punitive damages.) Defense counsel did not contest the claim that Millard would require a future tracheotomy. However, the defense’s expert life-care planner estimated that his life-care plan totaled $1 million, based on a life expectancy of 1.5 to three years.
COURT
Superior Court of San Diego County, San Diego, CA
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