MARTINSBURG – A man is suing Winchester Hospitality after he claims it was negligent and caused him injuries.
Winchester is doing business as Hampton Inn Martinsburg.
On May 6, 2016, Daniel A. Binda was a guest at Hampton Inn and was caused to slip and fall in a negligently maintained shower, causing him bodily injury, according to a complaint filed April 26 in Berkeley Circuit Court and removed to federal court on July 24.
Binda claims no warning sign, cone, message or other type of notification was provided, despite the defendant knowingly creating a dangerous condition in his room by removing the safety stripping from the shower.
The defendant owed a duty to guests and business invitees to keep the premises generally safe and free from foreseeable harm, according to the suit.
Binda claims the defendant was negligent in maintenance, repair, care and inspection of the shower/bathtub and caused Binda’s injuries.
Binda is seeking compensatory and punitive damages. He is being represented by James L. Lindsay and Erika Klie Kolenich of Klie Law Offices.
Winchester is represented by Jeffrey A. Wothers of Niles, Barton & Wilmer.
U.S. District Court for the Northern District of West Virginia case number: 3:17-cv-00088