Melvin McSheehy, Joell McSheehy v. Fairfield Inn, Hanford Hotels LLC, Hanford Hotels Inc., Asia-Pacific Hospitality, Marriott International Inc., and Does 1 through 30, inclusive
Published: Feb. 28, 2015 | Result Date: Nov. 19, 2014 | Filing Date: Jan. 1, 1900 |Case number: 30-2013-00678662-CU-PO-CJC Settlement – $100,000
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Marc H. Garber
(Law Offices of Muhar, Garber, Av & Duncan)
Facts
Plaintiff Melvin McSheehy sued defendants Fairfield Inn, Hanford Hotels LLC, Hanford Hotels Inc., Asia-Pacific Hospitality, and Marriott International Inc., in relation to a spider bite.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiff contended that he had been staying at the Fairfield Inn. Then on April 16, 2013, he went to bed between 10 p.m. and 11 p.m. At 1 a.m. to 2 a.m., the next morning, he felt something crawling on his face. He tried to brush it away, but felt a bite. He got out of bed, turned on the light, and saw the spider on the bed. He killed it and went back to bed. The next morning at approximately 6 a.m., he noticed the bite mark on his left cheek. After a brief jog, he returned to the hotel and noticed that his left cheek was extremely swollen and painful. By lunchtime, his left cheek had become more painful and hard like a golf ball. Plaintiff was hospitalized for seven days.
Specials in Evidence
$133,802 $7,415 $3,000
Injuries
Plaintiff claimed he suffered cellulitis, an abscess, and edema in the neck, left mandibular and submandibular areas as a result of the bite, and there were rhonchi in the lung bases. A CT scan of plaintiff revealed artifact and left facial swelling and inflammation. Plaintiff claimed there was induration, redness and swelling of the left side of the face with tenderness down to the neck. Plaintiff's white blood cell count was abnormal. More than one year later, plaintiff claimed he was still suffering from light-headedness, interrupted sleep, and trouble focusing upon getting up in the morning. He was diagnosed as having residual symptoms post-spider bite, cellulitis, and compromised airways. He also claimed he has a permanent dimple deformity on the left cheek.
Result
The case went to mediation and settled for $100,000 with Liberty Mutual Insurance.
Other Information
FILING DATE: Oct. 1, 2013.
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