An O’Fallon hotel claims an “unforeseeable independent” event beyond its control is to blame in a guest’s lawsuit alleging she broke her arm in a bathtub.
Plaintiffs Sharon and Randy Lauterbach filed the lawsuit against D&D Lodging on Sept. 12. They allege Sharon was staying at Hilton Garden Inn in O’Fallon on Dec. 9, 2012, when she fell in a bathtub. She says she was stepping into the tub to take a shower when she slipped and fell.
Sharon Lauterbach claims she fractured her arm and wrist in the fall. She accuses the owner of the hotel, D&D Lodging, of failing to provide a bathmat or apply anti-skid material to the tub to prevent patrons from slipping.
D&D Lodging answered the complaint on Dec. 3, denying the allegations against it. It says that any alleged injuries were the result of the plaintiff’s own negligence.
The defendant also says that any injuries were caused by “an unforeseeable independent, intervening and/or superseding event(s) beyond the control, and unrelated to the conduct of this defendant. This defendant’s alleged negligence actions or omissions, if any, were superseded by the negligence and wrongful conduct of others.”
The Lauterbachs answered the affirmative defenses on Jan. 15, denying the allegations.
Sharon Lauterbach seeks more than $50,000 in damages for medical expenses, pain, mental anguish and lost wages. Her husband seeks more than $50,000 for loss of consortium.
Circuit Judge Robert LeChien scheduled a case management conference for March 17.
Gregory L. Shevlin of Cook, Ysursa, Bartholomew, Brauer & Shevlin, Ltd., in Belleville represent the plaintiffs.
Stephen M. Strum and Sara B. Obermark of Sandberg Phoenix & von Gontard, P.C., in St. Louis represent D&D Lodging.
St. Clair County Circuit Court case number 14-L-634