Harrah’s Casino is headed to court after being sued by a man who claims a sun deck “cooked” part of his foot that needed to be amputated.
Howard Thompson, 50, suffers from diabetic neuropathy, which causes loss of sensation in the feet. While on a roof deck at Harrah’s in May 2012, Thompson didn’t realize that his feet were getting such a vicious sunburn.
A building consultant Thompson hired to help his legal case concluded that the pavers were so hot — 137 deg F according to tests run by consultant Mark Meshulam, that Thompson’s foot was literally cooked. In comparison, a medium rare hamburger is about 140 deg F.
“The massive concrete pavers... cooked his feet at a temperature that would produce a steak done medium, except that the steak would be taken off the burner after a few minutes, while Mr. Thompson’s feet were exposed to the heat for a far longer duration,” Meshulam wrote.
Harrah’s denied liability for the incident, but on Thursday, a Circuit Court judge dismissed their motion to have the lawsuit toss out, so the case will proceed to trial.
The same judge, Joseph H. Rodriguez, previously dismissed Thompson’s claims against the companies that designed the deck and pavers.
According to documents, after spending 20 to 30 minutes walking on the deck, Thompson returned to his hotel room and noticed a small burn on his left foot. Days later, the pain became unbearable and Thompson went to the emergency room and was diagnosed with third-degree burns and a bacterial skin infection.
Attempts to treat the burn and infections with antibiotics and surgeries failed and, after the infection spread to his bones, most of Thompson’s left foot had to be removed.
Thompson’s doctor, one of the case’s expert witnesses, wrote that it was likely Thompson would need to have future amputations.
Court filings indicate the casino’s defense is likely to point to Thompson’s own negligence and illness as the real reason behind the incident. The casino claims to have never received any similar complaints from guests.
source
Howard Thompson, 50, suffers from diabetic neuropathy, which causes loss of sensation in the feet. While on a roof deck at Harrah’s in May 2012, Thompson didn’t realize that his feet were getting such a vicious sunburn.
A building consultant Thompson hired to help his legal case concluded that the pavers were so hot — 137 deg F according to tests run by consultant Mark Meshulam, that Thompson’s foot was literally cooked. In comparison, a medium rare hamburger is about 140 deg F.
“The massive concrete pavers... cooked his feet at a temperature that would produce a steak done medium, except that the steak would be taken off the burner after a few minutes, while Mr. Thompson’s feet were exposed to the heat for a far longer duration,” Meshulam wrote.
Harrah’s denied liability for the incident, but on Thursday, a Circuit Court judge dismissed their motion to have the lawsuit toss out, so the case will proceed to trial.
The same judge, Joseph H. Rodriguez, previously dismissed Thompson’s claims against the companies that designed the deck and pavers.
According to documents, after spending 20 to 30 minutes walking on the deck, Thompson returned to his hotel room and noticed a small burn on his left foot. Days later, the pain became unbearable and Thompson went to the emergency room and was diagnosed with third-degree burns and a bacterial skin infection.
Attempts to treat the burn and infections with antibiotics and surgeries failed and, after the infection spread to his bones, most of Thompson’s left foot had to be removed.
Thompson’s doctor, one of the case’s expert witnesses, wrote that it was likely Thompson would need to have future amputations.
Court filings indicate the casino’s defense is likely to point to Thompson’s own negligence and illness as the real reason behind the incident. The casino claims to have never received any similar complaints from guests.
source
