A Louisville jury returned a verdict today in favor of Richard Lovelace, finding Holiday Inn Hurstborne primarily responsible for his injuries sustained in a fall on October 10, 2000. Carl and Steve Frederick, Richard's attorneys, argued that the fall occurred as a result of a hazardous condition in the bathtub of Room 114, where Richard was a guest.

According to Holiday Inn Hurstborne documents, water had been allowed to accumulate between the bathtub and a tub liner, creating a "hazardous ... waterbed effect" on the floor of the bathtub. As Richard was attempting to exit the tub, he slipped on the unstable tub floor, falling face first onto the tile bathroom floor.

An MRI of Richard's thoracic spine revealed two herniated discs which were touching his spinal cord. Two orthopedic surgeons called by the plaintiff agreed that the disc herniations were a direct result of the fall at the Holiday Inn Hurstborne. They also agreed that Richard is medically unable to perform his job as an over the road truck driver. Although he may be able to work certain light duty jobs, numerous restrictions have made it difficult for Richard to find a permanent work. His doctors say that as a result of the serious nature of his injuries, Richard cannot be required to sit for more than 1/3 of the work day, cannot lift more than 20 pounds, and cannot stand for more than 1/3 of the work day, among other restrictions.

The jury attributed fault between Holiday Inn Hurstborne, the bath tub liner installer, and Richard. They found Holiday Inn Hurstborne 85% at fault, the installer 15% at fault, and found Richard without fault for the injuries he sustained.

Further, the jury determined from the evidence that Richard had sustained damages in the amount of $887,379.86. The total amount included: $6,366.86 for past medical expenses; $30,000.00 for future medical expenses; $120,660.00 in lost wages and $730,353.00 for the impairment of his power to earn money in the future.