Handicapped man sues hotel for not helping with luggage

Michelle Massey, East Texas Bureau Nov. 18, 2009, 7:21pm

MARSHALL – An Alabama resident is suing a Tyler hotel claiming personnel failed to help him carry in his luggage, saw him fall as he struggled with his bags and then failed to call for help after he fell.

Hubert Cowand filed a personal injury lawsuit against several hotels and operators on Nov. 13 in the Marshall Division of the Eastern District of Texas.

Cowand's suit names Wyndham Hotel Management Inc., Days Inns Worldwide Inc., Days Inn Suites, Vinayak Patel, Suren Patel, Sandi Hospitality Inc., Tyler Express Inn and Suites, Days Inn Tyler, Hemina Patel, Sandi Foods Inc., Lalitaben Patel, Meena Patel, Ramesh Patel, Vijay Mehta, Jairambhai Patel, Arvind Patel, Manilal Desai, Babubhai and Jai Parmatma Inc. as defendants.

According to the complaint, Cowand was renting a room for the night at a Tyler hotel and was not provided help carrying his bags between the room and the vehicle.

Cowand states that the defendants were aware of his age, disability and need for assistance but saw him falling and did not help nor call for emergency assistance.

In court documents, Cowand states that the was seriously injured due to a "dangerous condition in that the parking area around the handicapped parking space in the front of the [hotel] was inadequately built and improperly maintained."

The complaint states that the "unreasonable and dangerous condition" was due to the handicapped parking space being located on a steep incline, making it likely that an elderly or handicapped person would fall when trying to get into or exit out of a vehicle.

Cowand accuses the defendants of negligent conduct for failing to properly inspect and maintain the parking area, failing to give adequate and understandable warnings of the unsafe condition, failing to discovery and correct the unsafe parking area in a reasonable amount of time, failing to render assistance with his luggage prior to the incident and failing to render assistance after he fell.

He is seeking damages for medical care and expenses, physical pain and suffering, mental anguish, physical impairment and pre- and post-judgment interest.

Tyler attorney David E. Dobbs of the law firm Dobbs and Tittle PC is representing the plaintiff.

U.S. District Judge T. John Ward will preside over the litigation.

Case No 2:09cv00360

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