subscribesubscriber servicescontact usabout ussite map
Sun, Jul 05 2009 

Published March 11, 2008 12:10 am - A Las Vegas pianist is seeking more than $300,000 in economic damages for a back injury he claims to have suffered when a sauna bench collapsed beneath him two years ago at the Holiday Inn in Joplin.
A Jasper County jury was selected Monday to hear the lawsuit of David Osborne, 49, an accomplished pianist at the Bellagio Hotel in Las Vegas, against John Q. Hammons Hotels, the owner of the Holiday Inn in Joplin.


Pianist blames hotel for back pain



By Jeff Lehr

jlehr@joplinglobe.com

A Las Vegas pianist is seeking more than $300,000 in economic damages for a back injury he claims to have suffered when a sauna bench collapsed beneath him two years ago at the Holiday Inn in Joplin.

A Jasper County jury was selected Monday to hear the lawsuit of David Osborne, 49, an accomplished pianist at the Bellagio Hotel in Las Vegas, against John Q. Hammons Hotels, the owner of the Holiday Inn in Joplin.

Osborne, who was raised in the Miami, Okla., area, and his son and daughter were staying at the Joplin hotel in December 2005 when the injury allegedly was incurred.

His lawyer, Joplin attorney Roger Johnson, told jurors during opening statements that his client lay down on a wooden bench in the hotel’s sauna after working out, and that it collapsed beneath him in splinters. Johnson said Osborne landed on the floor of the sauna, injuring his back and left hand.

Johnson told the jury that the back injury eventually forced his client to curtail the number of shifts per week he was performing at the time as a pianist in the restaurant of Caesar’s Palace in Las Vegas. The injury causes Osborne pain when he sits to play the piano, and the pain increases with extended periods of performance, Johnson said.

He said Osborne’s back pain is chronic, severely hampering his earning potential. He said Osborne eventually took his current job at the Bellagio, where he could work fewer shifts per week.

Johnson said the injury cost his client $13,000 per year in lost wages because of the need to cut back on his number of shifts per week, and that it will continue to cost him in the foreseeable future because his problem cannot be helped by surgery.

The plaintiff maintains that the sauna bench was in poor condition, and that the Holiday Inn failed to keep it safe for guests’ use. Johnson told jurors that the bench had never been replaced since the hotel opened, that there is no record of any maintenance or repair of it, and that there is no record of any daily inspections of the sauna by hotel employees as required by company policy.

“It was apparent to both David and Joshua (Osborne’s son) when they looked at it afterward that the bench had become dilapidated,” Johnson told jurors.

But Grant Haden, a Springfield attorney representing John Q. Hammons Hotels, told jurors that there is no evidence the sauna bench was in poor condition. He said Osborne’s lawsuit was “built on a house of cards.”

“That bench was made out of redwood,” Haden said. “It was in a dry sauna.”

Redwood is known for its resistance to rotting, he said.

Haden said the sauna was regularly inspected. He told jurors that an employee who examined the bench after the incident thought it appeared that the legs of the bench were kicked out. Haden suggested that some sort of damage may have been caused the previous night by other guests, and that the legs may have been propped back under the bench in an effort to hide the damage.



print this story    email this story    comment on this story   

Click to discuss this story with other readers on our forums.


Add a comment on this story





monster
autoconx
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Click here!!

We Blog!
We Pod Cast!

We Twitter!

: Special Offer For New Subscribers : 32 buy 1 get 1 free offers

Click Here!

TV LIsitngs



Find a job! Find a Home! Find a car!
Featured Jobs

CHILD CARE WORKER
CHILD CARE WORKER Part-time position working with children 0-6 at Discovery Center childcare center. Day and evening h...>MORE

ACCOUNTANT.

Expanding CPA firm: full time, degree/ computer skills required. Audit/tax experience preferred. Send resume to P
...>MORE

REVETER WANTED
EXPERIENCED for brake manufacturing. Please apply in person at 3215 E. 20th, Joplin, MO. ...>MORE

MEDICAL OFFICE
seeking Insurance Clerk. Coding experience required. Will pay for experience. Benefits. Send resume: Globe Box 94, 117 E...>MORE

TRUCK MECHANIC

needed for Waste Corporation of Joplin. Competitive pay and benefits package. Requires candidate to own hand tools
...>MORE

ACCOUNTANT
Local Construction firm needing full charge accountant, duties include general ledger, accounts receivable/billing, acco...>MORE

OLIVE GARDEN

Now accepting applications Line Cooks, Dishwashers, and Lunch Servers
Interviewing 2-4 p.m. Monday through Fr
...>MORE

LIFEGUARDS

all shifts available, Apply in person
at either Joplin Family Y location.
www.joplinfamilyy.org.
...>MORE

TEAMS NEEDED

SIGN-ON BONUS $3000
Benefits and West Coast
$$ Scheduled Raises $$
HIGH MILES WEEKLY
72hrs
...>MORE

CNA AND CMT
CNA AND CMT Joplin Healthcare Center is looking for CMT for day 12 hour shift. Also a CNA for night 12 hours shift. Exc...>MORE

See all ads

Featured Transportation

MAZDA, 2000
B3000, 4x2, V6, automatic, high miles, $2150. (417)843-2613....>MORE

NEED 2 DRIVERS
with 3 years plus $ miles with turn arounds back to Joplin, MO. Home often. 417-325-7320....>MORE

YAMAHA 1999 ROAD STAR
Yamaha, 1999 Road Star 1600 excellent condition, less than 10,000 miles, saddle bags and highway lamps. $3500. Cell phon...>MORE

FORD 2001 ESCORT
FORD, 2001 Escort, 4 cylinder, automatic, good condition. $1800. (417)437-5682....>MORE

2005 HONDA SHADOW VLX 600
2,000 miles, color white, $3950. (417)673-3860....>MORE

2006 CHEVROLET HHR LT
automatic, 40,000 miles, loaded with options, $6200. (417)434-2949....>MORE

LEHMAN TRIKE
LEHMAN TRIKE, 2007, excellent condition, rider has health problems. $20,500. Serious inquires only. (417)529-9554....>MORE

LEXUS 2002 ES
LEXUS, 2002 ES 300, silver/gray leather, navigation, heated seats, second owner, 94,000 miles, $10,900. 620-856-2804, 41...>MORE

GMC, 2006
2500 4x4, regular cab/bed, 133,000 miles, $9850. (417)214-0022....>MORE

1979 CHEVROLET CORVETTE
350 automatic, $5000 or trade consider. (620)230-0459...>MORE

See all ads

Featured Homes

LAKE FRONT MOBILE
Lake Front Mobile Grove, OK 1972 14 X 46 1 Bedroom, 1 bath lake front mobile home weekend getaway. Complete with furn...>MORE

HANDYMAN SPECIAL
Handyman Special, only $500 down, owner financing, 11% interest, $345/ month, priced at $23,900. 1120 W. 12th Street (41...>MORE

OWNER FINANCE
OWNER FINANCE. $650 down, $435 monthly. 201 N. Washington, Joplin, 3 BR, garage, Full price $32,500. 417-359-4113. ...>MORE

INVESTORS OR START-UP
INVESTORS OR START-UP 1217 Central. $67500 2 bedroom, 1 bath, very nice,room to build more. See more at homesbyowner.co...>MORE

OPEN HOUSE
OPEN HOUSE 7/5/09 1:00-4:00 2281 sq. ft. Updated kitchen 4 br + bonus room 2 living areas Metal roof. Stapleton school ...>MORE

OPEN HOUSE
405 Keeney Street, Carl Junction. Sunday July 12 • 2 p.m.-4 p.m.
This home is owned by Carl Junction R-1 School Di
...>MORE

2-3 BR
Basement, newly remodeled, oak cabinets, nice wood floors, privacy fence. $79,200. 2525 N. Ozark. (417)483-0900....>MORE

See all ads

Other Cool Stuff

INDEPENDENCE DAY BLOW OUT SALE

20% off all grocery items
20% off all cleaning supply items
20% off all refrigerators, dishwashers, deep
...>MORE

MALTIES PUPS
$150-$300; Yorkies, $300; Morkies-$200. 592-7827, leave message....>MORE

MINIATURE DACHSHUND PUPPIES
6 weeks old, $100. (417)781-4099....>MORE

WANTED; 2006 OR NEWER BUMPER TRAILER
WANTED: 2006 or newer 28-29’ bumper hitch travel trailer with slide, in excellent condition. (417)235-3402....>MORE

MINI SCHNAUZERS
8 weeks AKC house breaking underway, vet checked/healthy. rsfieker@yahoo.com 417-235-3168....>MORE

ANTIQUE RADIO
ANTIQUE Radio; hanging lamps; china cabinet; carnival glass; Singer featherweight machine; 2 ladies and men diamond ring...>MORE

24' BAJA OUTLAW
24’ BAJA Outlaw beautiful closed bow boat, 454 Mag, all options, excellent condition, low hours with 2005 trailer, $16,0...>MORE

2002 LOWE TAHITI
2002 Lowe Tahiti 22 Deck Boat with 2002 Johnson 150 hp motor, fully loaded and lake ready, $12,500. (620)856-5165 or (41...>MORE

YORKIE-CHORKIE
Yorkie-Chorkie, 6 weeks, weight 12 oz. and up. 417-358-4202....>MORE

AMPLIFIER
1953 Gibson BHR, $250. (417)437-9942....>MORE

See all ads


 

Community Newspaper Holdings, Inc.CNHI Classified Advertising NetworkCNHI News Service
Associated Press content © 2009. All rights reserved. AP content may not be published, broadcast, rewritten or redistributed.
Our site is powered by Zope and our Internet Yellow Pages site is powered by PremierGuide.
Some parts of our site may require you to download the Flash Player Plugin.
View our Privacy Policy
Advertiser index

 

 

The Joplin Globe Electronic Edition