Lawsuit against S.A. hotel over ‘fluke accident’ with ketchup bottle to proceed
A San Antonio judge is allowing a lawsuit against the Omni La Mansión del Rio to proceed over a 2018 incident the River Walk hotel describes as a “fluke accident.”
The family of a child is suing Dallas-based Omni Hotels and a hotel occupant for damages after the 1-year-old boy, identified in court documents as J.F., was struck by a miniature glass bottle of ketchup that had reportedly fallen off a balcony at least five floors above the San Antonio River Walk, where the family was walking during a visit to the city, on August 18, 2018.
Court documents state that Cassandra De La Cruz, the child’s mother, took the 1-year-old into the hotel to ask for assistance in calling for medical attention, but was refused assistance by employees. The family eventually took the child to an emergency room, where police were called to report the injuries.
A police report from the incident stated De La Cruz told law enforcement that she saw a woman “duck her head down” from a hotel room balcony five above the River Walk, according to previous reporting by the Express-News.
Officials reportedly interviewed the two hotel room occupants, who told police that one of them had accidentally bumped the room service cart, knocked the 2.25-ounce bottle onto the balcony, tried to stop it from rolling over the edge, and attempted to make contact with the family after the accident. The lawsuit identifies one of the occupants in the case as Eric McCoy.
The lawsuit, filed in 2020, says that J.F. “suffered severe injuries to his brain, is encountering development issues concerning his speech, faces future limitations and possible [permanent] disability for the rest of his natural life.” The family, represented by attorney Steven Marquez with Thomas J. Henry Law, is seeking more than $1 million in damages.
District Judge Cynthia Marie Chapa tossed four of the six claims made against Omni following a summary judgement hearing on March 20, the Express-News reports. Omni had reportedly requested that all six claims be thrown out.
Chris Blanton, a Grapevine lawyer representing the hotel, reportedly described the incident as a “fluke accident” to the judge at the hearing.
And here are this week’s top stories:
Supreme Court Justice Clarence Thomas is accused of accepting lavish gifts and luxury trips from a Texas billionaire and prominent GOP donor in a bombshell report that went public this week.
Officials are searching for the body of a 6-year-old Texas boy that has been missing since 2020. Police said the child’s mother told family she had sold the child before fleeing the country and flying to India.
Austin Police are debunking viral rumors that a serial killer is preying on Rainey Street patrons.
An El Paso woman who disappeared in March after going to a UFC event at San Antonio’s AT&T Center was found safe and alive in Austin.
A Northside ISD sixth grader was arrested on felony charges this week after reportedly making threats against two schools.
