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$________ – Premises liability – Negligent maintenance – Failure to maintain fountain and water at hotel decedent contracted Legionnaire's Disease from inhaling bacteria from contaminated lobby fountain – Wrongful death

USDC, District of Illinios

In this premises liability matter, the plaintiff alleged that the defendant hotel was negligent in failing to properly maintain its lobby fountain, and in permitting Legionella bacteria to exist, causing the plaintiff’s decedent to contract Legionnaire’s Disease following his stay at the defendant’s hotel. The decedent died as a result of the exposure. The defendant did not dispute liability, but contended the nature and extent of the plaintiff’s alleged injuries and damages.

The 80-year-old male decedent, a full time physician, was a guest at the defendant’s hotel in Chicago. The decedent stayed at the hotel for three days in August, and was exposed to contaminated water in the lobby fountain. As a result of being exposed to the Legionella bacteria in the air from the contaminated water fountain, the decedent developed Legionnaire’s Disease. The decedent died from the disease less than two weeks following the exposure. The plaintiff brought suit against the defendant hotel, alleging that the hotel was negligent in failing to properly maintain the hotel and in permitting the bacteria to exist, thrive, and come into contact with hotel guests, as well as failing to warn the guests and keep them from the contaminated fountain. The plaintiff contended that if the decedent had not contracted the condition, the decedent would have continued to work full time for a number of years. The plaintiff alleged that the decedent’s wife and adult daughters relied on his financial support.

The defendant admitted liability, but disputed the nature and extent of the plaintiff’s alleged damages. The plaintiff sought $________ in alleged damages as a result of this incident. The defendant sought to pay the fair and reasonable damages associated with the plaintiff’s claim.

The parties agreed to resolve the plaintiff’s claim for the sum of $________ in a settlement agreement between the parties.

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