Case details

Hotel’s pest control protocols followed standard of care: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
neurological, neurological impairment
FACTS
In May 2013, plaintiff Michelle Coyle, 57, a retiree, was having lunch on an outdoor patio at one of the restaurants at the Mission Inn Hotel & Spa, in Riverside. She claimed that, during her lunch, her back was bitten by a black widow spider, resulting in to her left foot and left hand. Coyle sued the operator of the Mission Inn Hotel & Spa, Historic Mission Inn Corp. Coyle alleged that the Mission Inn was negligent in the maintenance of the hotel/restaurant, creating a dangerous condition. Historic Mission Inn was initially granted summary judgment, but Coyle appealed the decision. The Court of Appeal ultimately reversed the trial court decision, and sent the matter back to superior court for a trial. Prior to trial, the parties engaged in two mediations and two mandatory settlement conferences, all of which were unsuccessful. Plaintiff’s counsel contended that the hotel was negligent in the handling of its pest control procedures and that there was more that the hotel could have done to prevent the incident. Counsel argued that there should have been a better inspection system and that the staff should have swept the patio area daily with devices designed to remove any spider webs. Defense counsel contended that the hotel exceeded the industry standard of care for pest control, as there were weekly inspections and treatments by an outside pest control company that specialized in large hotel properties. Counsel also contended that Historic Mission Inn’s employees conducted regular inspections of the patio and that the hotel augmented the efforts of the outside pest control company by utilizing a “pest sighting log,” which documented reports of any pests from employees and guests. In addition, defense counsel contended that black widow spiders had never been seen or reported on the patio by any employee of the hotel or the outside pest control company and that there was no proof that Coyle was bitten by a black widow spider., Coyle claimed that she immediately felt the bite, but that she never saw what bit her. Later that evening, Coyle started feeling ill and she was unable to get out of her bathtub. Over the following 24 hours, she started to experience paralysis. She was taken to the emergency department of a local hospital, where she was hospitalized and treated. She then underwent extensive physical therapy. Coyle claimed that as a result of the bite, she suffered residual effects of the toxins, which purportedly caused permanent neurological impairment of her left foot and left hand. Specifically, she claimed she suffered from transverse myelitis — a disorder caused by an inflammation of the spinal cord — at the T7 level of the thoracic spine. Coyle alleged that as a result, she suffered permanent neurological deficits that caused her left hand to become clawed. She also alleged that the neurological deficits caused a left foot drop, which altered her gait. Coyle claimed that her permanent impacts to her activities of daily living, including her ability to spend time with her grandchild. She also claimed that her inability to easily open and close her hand affects her ability to get dressed and cook. As a result, Coyle alleged that she will require future medical treatment, including physical therapy, and adaptive measures for her house. Coyle sought recovery of past and future medical costs, and damages for her past and future pain and suffering. Her counsel asked the jury to award Coyle $19 million in total damages. During jury deliberation, the parties established a high/low agreement, with the amounts agreement being confidential.
COURT
Superior Court of Riverside County, Riverside, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case