Couple sues Marriott after man slides on tray

By Kyla Asbury | Dec 22, 2010

CHARLESTON -- A couple is suing Marriott International for injuries sustained at its Charleston location.

On Jan. 30, Christopher Kessler was a guest at the hotel and was unable to see a serving tray that had been placed against the wall due to mood lighting, according to a complaint filed Nov. 29 in Kanawha Circuit Court.

Kessler claims the serving tray had slid down the wall on to the carpet and he stepped on it because he did not see it.

The tray "became a ski, causing plaintiff to slide and fall to the floor," according to the suit.

Kessler claims he injured his right elbow and lower back, as well as other parts of his body.

The defendant was negligent in failing to remove the serving tray, according to the suit.

Kessler claims the defendant tendered a "good will gesture" of $3,500, in exchange for a full and complete release of any and all claims. He claims the no offer was ever made to cover expenses or accept responsibility for the necessary care and treatment absent full and complete release. Kessler claims he respectfully declined the good will gesture.

Kessler and his wife, Sherri Kessler, are seeking compensatory damages with pre-judgment interest. They are being represented by Steven T. Taylor.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 10-C-2159

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