CHARLESTON — Four Points By Sheraton denies the claims against it in a lawsuit by a flight attendant who claimed she was injured while staying at the hotel.
The hotel claims the plaintiff may have assumed the risk of injuries and damages which she complains of and, if so, her cause of action may be barred by the doctrine of assumption of risk, the defendant's answer states.
"Defendant avers that the Plaintiff may have been guilty of negligence which proximately caused and/or contributed to the injuries and damages of which Plaintiff complains and that, as such, Plaintiff's claims may be barred by the doctrines of contributory and/or comparative negligence," the answer states.
Chelscia Frazier was employed as a flight attendant and was staying overnight at the hotel as a guest due to a layover, according to a complaint filed in Kanawha Circuit Court.
On Nov. 22, 2020, while in her hotel room, Frazier was stepping into the bathtub to take a shower when she slipped and fell, according to the suit.
Frazier claims she landed on her back, cut her toe and twisted her right ankle when she fell and she now as difficulty working and doing other daily activities due to the pain.
The plaintiff's ankle injury ended up being a strain, sprain and a closed bimalleolar fracture, according to the suit.
Frazier claims the defendant was negligent in failing to properly maintain the hotel rooms to avoid slipping hazards and keep the room in a good and safe condition.
The defendant failed to comply with safety norms and failed to otherwise comply with state and federal laws and regulations, according to the suit.
Frazier is seeking compensatory damages with pre- and post-judgment interest. She is represented by Thomas D. Hall of the Law Office of Hall & Copteas. Four Points is represented by Michelle D. Baldwin of Dickie, McCamey & Chilcote in Wheeling. The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 22-C-756