Georgia Verdicts

Plaintiff(s):

Brenda Collins , 

Samuel Collins (Male, 54 Years)

Plaintiff Attorney(s):

Roy R. Kelly IV;
Kelly & Kelly, LLP;
Savannah,
GA,
for
Brenda Collins, Samuel Collins ■ Gini Lynn Jenkins;
Kelly & Kelly, LLP;
for
Brenda Collins, Samuel Collins

Plaintiff Expert(s):

Jeffrey Gross; Security/Premises Liability; Powder Springs,
GA called by:
Roy R. Kelly IV, Gini Lynn Jenkins

Defendant(s):

Flotel II Inc., 

Northpoint Hospitality Group Inc.

Defense Attorney(s):

Peter D. Muller;
Goodman McGuffey, LLLP;
Savannah,
GA,
for
Flotel II Inc., Northpoint Hospitality Group Inc.

Defendant Expert(s):

John Leffler;
Engineering;
Atlanta,
GA called by:
Peter D. Muller ■ Will Ronning;
Medical/Health;
Savannah,
GA called by:
Peter D. Muller

Insurer(s):

Cincinnati Insurance Co. for both defendants

On Aug. 20, 2014, plaintiff Samuel Collins, 54, a safety director for Federal Express, and his spouse, Brenda Collins, were guests at the Doubletree Hilton hotel in Savannah. Samuel Collins was showering in his bathroom when he slipped and fell. He suffered a C2 fracture. Collins sued Flotel II, Inc. and Northpoint Hospitality Group, Inc., owners of the Doubletree Hilton, alleging the bathtub had insufficient traction, causing him to fall. Collins claimed there were prior complaints of slippage in the bathtubs at the hotel and previous inspections showed a problem with bathtub traction. Collins argued that Flotel and Northpoint Hospitality were negligent in allowing a dangerous condition to exist, failing to inspect and repair the defect and failing to warn guests of the danger. He argued that a hotel guest had a reasonable expectation that the room would be safe for normal activities. The defense denied there was anything wrong with this specific bathtub and maintained that it met all code requirements. The defense also argued that Collins had been out to dinner before showering and was intoxicated and, therefore, may have slipped on his own. Lastly, the defense maintained that showering in a bathtub can be slippery by nature without any negligence involved. In response, Collins denied being intoxicated at the time of the fall. He asserted that he had only consumed two light beers after dinner.

Collins suffered a fracture of the C2 vertebra, which required fusion surgery. He did not suffer any paralysis as a result of his injury, but did claim permanent restricted range of motion in his neck, as well as past and future pain and discomfort. Collins claimed $143,165.90 in medicals, $32,000 in lost wages for 16 weeks off work, as well as damages for pain and suffering. His wife sought damages for loss of consortium. The defense did not dispute that Collins suffered a fracture at C2, but argued that surgery was successful and that Collins had returned to the normal activities of life with few residuals.

The jury attributed 80-percent liability to Flotel II, Inc. and Northpoint Hospitality Group and 20-percent liability to Samuel Collins. The jury determined that Collins’ damages totaled $644,758.90, but that amount was reduced to $515,807.12 to reflect the comparative negligence finding. No damages were awarded for loss of consortium.

Actual Award:

$515,807.12

Judge:

Hamrick Gnann

Demand:

$900,000

Offer:

$200,000

Trial Length:

4
 days

Trial Deliberations:

3
 hours

Post Trial:

The parties negotiated a settlement. Terms were not disclosed.

This report is based on information that was provided by plaintiffs’ and defense counsel.