Case details

Hotel’s guest developed fatal pneumonia in pool, lawsuit alleged

SUMMARY

$3000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death, legionellosis, Legionnaires' disease
FACTS
On April 21, 2018, plaintiffs’ decedent Walter William Winfield, 87, a human-resources director, was exposed to legionella bacteria while using the spa at the Hotel d’Lins Ontario Airport, in Ontario, Canada. He developed legionellosis (a form of pneumonia) and died on May 5, 2018. Winfield’s widow, Carol Winfield, who was acting individually and as her husband’s successor-in-interest, and five adult children, Walter W. Winfield, Scott Winfield, William Winfield and Elizabeth Schneider, sued the hotel; the hotel’s owners, YTLife Investments, LLC and Haixiao Lin; and a person believed to be a co-owner of YTLife Investments, Tao Yue. The lawsuit alleged that the defendants failed to properly repair and/or maintain the spa, creating a dangerous condition, and that the defendants failed to warn of that dangerous condition. Yue and Hotel D’Lins Ontario Airport were removed from the case, as it was determined that YTLife Investments and its owner, Lin, were the responsible parties. Plaintiffs’ counsel contended that the presence of legionella pneumophila serogroup 1 bacteria in the spa was confirmed by testing performed by the San Bernardino County Department of Public Health. Counsel asserted that, prior to Walter Winfield’s stay, the hotel had been repeatedly cited by San Bernardino County for failing to maintain its pool and spa. The plaintiffs’ expert microbiologist contended that legionella persists and grows in a spa. The expert also opined that Lin and YTLife Investments failed in their cleaning and sanitation, based on the fact that the hotel repeatedly failed county inspections of the pool and spa. Lin and YTLife Investments conceded that the hotel’s pool and spa contained the legionella species., Winfield died from legionellosis. He was survived by his wife and five adult children. Winfield’s family sought recovery of wrongful-death damages for the loss of the Winfield’s love, companionship, comfort, care, assistance, protection, affection, society and moral support. Defense counsel asserted that the plaintiffs could not show that the legionella species found in the spa was the same bacteria that caused Winfield’s legionellosis.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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