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Case of the Month

West's® Jury Verdicts - Arizona Reports

Child Falls Off Bed; Judge Finds Hotel Not at Fault

Bunnell v. HSL Properties Inc.

Type of Case:
Premises Liability - Slip/Trip & Fall
Premises Liability - Hotel
Premises Liability - Negligent Repair/Maintenance

Specific Liability:
Hotel negligently maintained room and bed, resulting in child falling off bed and injuring himself

General Injury:
Facial laceration; medical expenses; mental anguish

Jurisdiction:
State: Arizona
Court: Superior Court of Arizona, Pima County.

Related Court Documents:
Plaintiffs' complaint: 2008 WL 7668745
Defendant's answer: 2008 WL 7668746
Joint pretrial statement: 2009 WL 6311448
Plaintiff's disclosure of expert opinions: 2009 WL 6311451
Judgment: 2010 WL 1256544

Case Name:
C.B., a minor, by his next best friend and father, Barry Bunnell, and Barry Bunnell v. HSL Properties Inc., doing business as Clarion Hotel Randolph Park; John Does I-X; Jane Does I-X; ABC Corporations I-X; and XYZ Partnerships I-X

Docket/File Number:
C 2008-2267

Judgment:
Defendant, $0

Judgment Date:
April 9, 2010

Judge:
Richard E. Gordon

Attorneys:
Plaintiffs: Jeffrey L. Victor, Jeffrey L. Victor PC, Scottsdale, Ariz.

Defendant: Ralph E. Hunsaker, the Cavanagh Law Firm, Phoenix, Ariz.

Trial Type:
Bench

Experts:
Plaintiffs: Randall P. Nacamuli, MD, plastic surgeon, Dominican Medical Foundation, Santa Cruz, Calif.; Peter B. Chase, MD, emergency physician, University of Arizona, Tucson, Ariz.

Defendant: None mentioned

Breakdown of Award:
$0

Summary of Facts:
C.B. was staying in a room at the Clarion Hotel, reportedly owned by HSL Properties Inc., with his parents Dec. 31, 2006. The child was reportedly playing on the bed in the hotel room. He fell off and hit his face on a bed rail that purportedly had a sharp, unprotected edge.

The minor reportedly received a laceration on his forehead, between his eyebrows, as a result of his fall.

C.B. and his father, Barry Bunnell, filed a lawsuit against HSL Properties in the Pima County Superior Court. They alleged the defendant was negligent in failing to provide C.B. with a safe place to rest, failing to protect him, and failing to warn the plaintiffs of any danger. The plaintiffs further alleged the defendant had a duty to maintain, inspect, and take reasonable precautions to protect the plaintiffs, which they failed to fulfill.

The plaintiffs sought damages for past and future medical expenses, mental anguish, aggravation, physical pain and suffering, and loss of society.

They claimed the mattress/box spring did not fit the bed frame.

The defendant denied the allegations and asserted, as affirmative defenses, the plaintiffs own negligence caused their damages, the plaintiffs assumed the risk, and the negligence of C.B.'s parents in failing to watch him caused his injuries.

The parties stipulated to dismissal of the loss of consortium claim.

Judge Richard E. Gordon, sitting at a bench trial, determined Feb. 25, 2010, that the missing end-cap was not an unreasonably dangerous condition and the defendant did not have sufficient notice of the condition.

Judgment was entered April 9, according to the clerk of the court and case docket.

Court: Superior Court of Arizona, Pima County.

Westlaw Citation:
2010 WL 1740673

West's Jury Verdicts - Arizona Reports Citation:
West’s J.V. Ariz. Rep., Vol. 6, Iss. 2, p. 22 (2010)