Case details

Improperly installed light switch caused shock: hotel guest

SUMMARY

$2000000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
nerve damage, neurological, neuropathy, reflex sympathetic
FACTS
On the morning of July 6, 2013, plaintiff Diana Villarreal, 46, an accountant, attempted to turn on the bathroom light in her hotel room at a Holiday Inn Express in Corona. Villarreal was on a family vacation with her husband and three children. After traveling from San Antonio, they checked into the Holiday Inn Express in Corona, Calif., on July 4, 2013. Two days later, Villarreal attempted to turn on the light in the bathroom of her hotel room when she suffered an electric shock. Villarreal sustained to her right hand and arm. The hotel subsequently called 9-1-1, at the request of Villarreal’s husband, and sent a maintenance worker to the room. The maintenance worker found that the light switch was old and defective. Villarreal sued the operator of Holiday Inn Express Hotel & Suites, Corona, Magnolia Hospitality LLC; and the property manager, Fine Hospitality Group, LLC. Villarreal alleged that Magnolia Hospitality and Fine Hospitality were negligent in the repair and/or maintenance of the subject light switch, creating a dangerous condition. Kirit Pansuria was also initially named as a defendant, but he was ultimately dismissed from the case. Plaintiff’s counsel noted that there were no known previous incidents in which to establish notice. However, during discovery, the plaintiff’s electrical and safety experts opined that the installation of the light switch did not conform with the required standards for switches located in potentially damp or wet areas and that the switch was not properly grounded. Plaintiff’s counsel sent a preservation of evidence letter to the defendants just days after the incident, but the defendants failed to keep the subject light switch. As a result, plaintiff’s counsel contended that there was a strong argument that the”Willful Suppression of Evidence” jury instruction, based on California Civil Jury Instructions 204, was applicable. Defense counsel asserted that Magnolia Hospitality and Fine Hospitality had performed reasonable and adequate inspections of the room in the past and that they never had any prior complaints or notice that would have given them reason to open up the wall and view the internal wiring of the light switch., Villarreal sustained an electric shock to her right, dominant hand and arm. She was taken to Corona Regional Medical Center, in Corona, where she was treated and discharged that same day. Villarreal claimed that she continues to suffer pain in her right hand, which did not appear to be healing, and that as a result, she was diagnosed with complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. She also claimed that the CRPS causes decreased grip function in her right hand, as well as chronic, burning neuropathic pain in her neck, right arm and hand. Thus, Villarreal claimed that she was left with a permanent condition, in which she has limited functional use of her right hand. Villarreal continues to work at her job as an accountant, but she claimed that she now finds it much more time consuming and stressful. She alleged that as a result, her earning capacity in her vocation of being an accountant would be reduced. Thus, Villarreal sought recovery of past and future medical costs, past and future lost wages, and damages for her past and future pain and suffering.
COURT
Superior Court of Riverside County, Riverside, CA

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