Man claims shower bench collapsed, sues hotel

Kelly Holleran May 27, 2010, 6:33am

A Louisiana resident claims a hotel shower bench collapsed when he sat on it, causing him injury.

James Deville filed a lawsuit May 17 in Jefferson County District Court against Yogiji Hospitality.

Deville claims he checked into a room at La Quinta Inn and Suites Houston-Normandy location on Feb. 7, 2009. Deville's room had a handicapped accessible restroom and shower, which had a bench in it that bolted to the tile wall of the shower, according to the complaint.

"While taking a shower, Plaintiff sat down on the shower bench," the suit states. "The bench suddenly and unexpectedly came out of the wall, causing him injury to his face, neck, back and knees as he collapsed to the shower floor. His injuries have necessitated surgical intervention on his knees from an orthopedic surgeon."

In addition to his injuries, Deville suffered physical pain and mental anguish, lost his earning capacity, sustained disfigurement and physical impairment and incurred medical costs, the complaint says.

Just before Deville stayed in his room, La Quinta Inn and Suites had been newly constructed, the complaint says. Deville believes the shower bench and its parts either failed, were improperly installed or were improperly inspected, and, therefore, failed to remain in the wall.

Deville alleges negligence, breach of express and implied warranty and strict liability against Yogiji.

Deville seeks compensatory and exemplary damages, plus court costs, pre- and post-judgment interest and other relief the court deems just.

L. Lee Thweatt and Joseph D. Terry of Terry and Thweat in Houston will be representing him.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E186-879.

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