West Virginia Record

Wednesday, October 23, 2019

Virginia man sues Marriott for fall in shower

By Chris Dickerson | Jan 26, 2006

Charleston Marriott Town Center

CHARLESTON – A Virginia man has filed a lawsuit against the Charleston Marriott Town Center after a mishap in the shower of his room.

Chester Wisinski of Hurt, Va., filed the suit Jan. 10 in Kanawha Circuit Court.

In the suit, filed by Charleston attorneys John R. Fowler and Karen E. Klein Jenkins, Wisinski says he was a registered guest in a handicap room of the Marriott on May 14, 2005. He says the shower chair affixed to the shower wall in the room broke away from the wall, causing him "to fall to the floor with great force and causing him to incur severe and permanent personal injuries."

Wisinski said the defendant, listed as Host Marriott Corporation, breached a duty of care by carelessly and negligently permitting the hazardous condition to exist in its hotel without attempting to correct it or warn him of the hazard.

In the suit, Wisinski says he sustained severe and permanent personal injuries, including an L1 compression fracture in his spine. He says he sought medical attention and continues to seek medical treatment and has endured pain and suffering, mental anguish and emotional distress.

Wisinski says he has and will incur damages for pain and suffering, mental anguish and emotional distress; loss of enjoyment of life, annoyance and inconvenience as well as past, present and future medical expenses.

He seeks a judgment for damages, including pre- and post-judgment interest, attorney fees, court costs, expenses and other relief. He requests a jury trial.

The case has been assigned to Circuit Judge Charlie King.

Kanawha Circuit Court case number: 06-C-39

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