Ciffo v. The Ritz-Carlton Hotel Co.
James M. Campbell of Campbell Campbell Edwards & Conroy obtained a defense verdict in the Suffolk County Massachusetts Superior Court in Ciffo v. The Ritz-Carlton Hotel Co.., a negligence action in which the plaintiff alleged that the glass dome of a light fixture in his guest room at the Ritz-Carlton hotel fell and struck his head. The plaintiff claimed that as a result his pre-existing cervical condition was made worse and that he experienced new symptoms in the form of left sided radicular pain. The plaintiff’s wife claimed to have suffered a loss of consortium as a result of the incident.
The Ritz-Carlton presented evidence that the hotel had a preventative maintenance program in place whereby it would inspect each guest room each month or at least every 3 months. Part of this maintenance check including tightening the finials on all the light fixtures. Hotel records documented that the guest room in which the incident occurred was inspected one month prior to the incident. Further, the glass dome was replaced after the incident by using the same finial.
The plaintiff could offer no explanation for the dome falling and the court agreed to charge the jury on the theory of res ipsa loquitor in which the jury was permitted to infer that the hotel was negligent based on circumstantial evidence if the event was one that would not happen in the absence of negligence.
After the two-week trial, the Suffolk County jury deliberated for four hours before finding that the hotel was not negligent.
James M. Campbell served as lead trial counsel for The Ritz-Carlton Hotel Co. in this case.
