Wed, Nov 25 2009
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Pianist blames hotel for back pain “We can’t admit what we don’t know,” he told jurors.
Haden said the Osbornes’ stay of two nights at the hotel was “comped” by management when the incident was brought to its attention. He said the hotel’s removal of the collapsed bench’s debris in the aftermath was not indicative of any “evil motive” on management’s part as the defense suggested, but ordinary cleanup. Haden suggested that other circumstances surrounding Osborne’s employment at Caesar’s Palace may have played a role in his decision to leave there for the job at the Bellagio. Caesar’s Palace had been sold, there were waning crowds in the part of the hotel where he played, and there was concern among fellow musicians about the security of their jobs, Haden said. Haden showed jurors a notice of intention Osborne had written that suggested he had taken the Bellagio job for improved pay and a better career opportunity, and made no mention of any problem with back pain. He also showed them an e-mail from the Caesar’s Palace entertainment director that cited Osborne’s desire to spend more time with his family. He pointed out that just days after the incident at the Holiday Inn, Osborne flew to Washington, D.C., to perform at the White House and then flew back, spending hours sitting on a plane. The physical fitness of the plaintiff and whether he had any pre-existing back problems appear to be likely trial issues. Both sides acknowledge that he is a runner in outstanding physical shape. “I know some people who have serious pain,” Haden told jurors. “They don’t run three or four miles a day.” But Johnson said there is no record that Osborne had any pre-existing back problems, and that his physical fitness has been maintained despite chronic back pain that conflicts with the physical demands of his livelihood. Prized pupil David Osborne, who is suing the Holiday Inn in Joplin, attributes his success as a pianist to Joplin piano teacher and philanthropist Mary Helen Harutun, who died in February at Spring River Christian Village in Joplin. 
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