• 24
  • November
    2010

A jury recently handed down a four-and-a-half million dollar verdict against a hotel where two people contracted Legionnaires' disease.

Baton Rouge premises liability attorneys following the case note that the Alabama lawsuit was filed by Rodney Handley and Emanuel Howard, who alleged they contracted Legionnaires' disease after using a Wingate Hotel hot tub in May 2008. Both men were staying in the hotel after helping with cleanup efforts after a tornado hit Heflin, Alabama.

The Centers for Disease Control and Prevention says that 8,000 to 18,000 people in the United States are hospitalized with Legionnaires' disease each year. The symptoms are like other forms of pneumonia, and the disease can cause death in 5% to 30% of cases.

Legionella bacteria are found naturally in the environment, usually in water. The bacteria grow best in warm water, like the kind found in hot tubs, cooling towers, hot water tanks, large plumbing systems, or parts of the air-conditioning systems of large buildings.

After Rodney Handley died of a heart attack earlier this year, his brother Brent continued on with the lawsuit. There was speculation that Legionnaire's disease may have contributed to Rodney Handley's heart attack, but this was not proven.

Brent Handley said, "I wish my brother had been here to see the outcome of this case. He went through terrible pain and suffering that could have been avoided. Maybe this verdict will ensure other hotels will keep their facilities clean."

Emanuel Howard still works for the county, the employer that sent him to help with the tornado cleanup that led him to the hotel. Howard has suffered permanent damage to his respiratory system. He is unable to complete some physical activities. He is very short of breath. He also has neuropathy (nerve damage) in his legs.

At trial, the plaintiffs proved that Handley and Howard came into contact with Legionella bacteria contained in the mist produced by the hotel's hot tub. When the state department of health ordered the hot tub closed and locked up, staff apparently cleaned the hot tub, destroying evidence.

The plaintiffs were also able to show that hotel management provided incorrect maintenance records about the hot tub to the health department.

Source: Anniston Star "Jury verdict nets 4 5 million from hotel owners" 11/20/2010