A Dallas County jury unanimously awarded $9.45 million to a man who suffered injuries at Hotel Crescent Court while walking his dog.
The verdict comes after a week-long 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.
“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,” Tim Newsom with The Law Offices of Frank L. Branson said in a press release. “We are pleased that the jury held the hotel accountable for choosing to protect their property over guest safety.”
Newsom was the lead attorney and tried the case alongside Debbie Dudley Branson and Linda Yee Villa.
According to the lawsuit, McClure, 74, and his wife were guests at the hotel while seeking refuge during the historic Winter Storm Uri in February 2021, which brought record-low temperatures across the state and left millions of Texans 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 petition states the area was unlit and lacked safety cones, barriers or warning signs indicating the presence of the drop-off.
As a result of the fall, McClure suffered serious orthopedic and neurological injuries. He underwent four surgeries for a broken ankle, ultimately requiring a total replacement. The fall also aggravated a pre-existing 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 S. Alost of Mayer, did not immediately respond to requests for comment.
The case is James Shelton McClure and Madeline McClure v. Hotel Crescent Court, et al., DC-22-05954.