A Dallas County jury awarded $9.45 million to a man who suffered injuries at Hotel Crescent Court while walking his dog.
The verdict came after a weeklong trial in the 162nd Judicial District Court, where jurors heard evidence that the hotel failed to secure or warn guests about a dangerous condition in its courtyard that led to James Shelton McClure’s fall shortly after midnight on March 6, 2021.
According to the lawsuit, McClure, 74, and his wife were guests at the hotel in the wake of damage caused to their home by the historic winter storm in February 2021, which brought below-freezing temperatures and icy conditions that crippled the state’s power grid, leaving millions of residents without electricity.
While the McClures were walking their dog in the hotel’s courtyard, McClure unknowingly stepped into an empty fountain basin that sits level with the concrete surface. The basin, approximately two feet deep, had been drained of water due to the freezing conditions.
The area was unlit and lacked safety cones, barriers or warning signs indicating the presence of the drop-off, the lawsuit alleged.
“Hotel operators failed to provide minimum lighting required by building codes and failed to take basic steps to warn or protect guests from a very real hazard,” Dallas attorney Tim Newsom, from The Law Offices of Frank L. Branson, said in a news release. “We are pleased that the jury held the hotel able for choosing to protect their property over guest safety.”
As a result of the fall, McClure suffered orthopedic and neurological injuries, the lawsuit stated. He underwent four surgeries for a broken ankle, ultimately requiring a total replacement. According to the lawsuit, the fall also aggravated a preexisting neck condition, leading to nerve damage to his dominant hand.
According to the charge of the court, the jury found McClure 5% responsible and Hotel Crescent Court 95% responsible for the incident.
An attorney for Hotel Crescent Court, Wesley Alost of Mayer, did not respond to requests for comment.
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