A Tennessee resident has filed a lawsuit against a Florida hotel and its pool maintenance company, alleging negligence that led to his severe illness from Legionnaires' disease. On August 16, 2024, William Mitchem filed the complaint in the Circuit Court of the 6th Judicial Circuit in Pinellas County, Florida, naming Sun & Fun Resort LLC, doing business as Sleep Inn Clearwater Florida, and Trend Pool Service Inc. as defendants.
The lawsuit claims that Mitchem contracted Legionnaires' disease after staying at the Sleep Inn from May 19 to May 20, 2023. During his stay, he spent significant time near the hotel's jacuzzi, which was allegedly contaminated with Legionella bacteria due to improper maintenance by both defendants. According to the complaint, Sun & Fun Resort had a non-delegable duty to maintain safe conditions for guests but failed to do so. Similarly, Trend Pool Service was responsible for inspecting and maintaining the water systems but neglected their duties.
Mitchem's legal team argues that both defendants were aware or should have been aware of the risks associated with jacuzzis as potential sources of Legionella contamination. The plaintiff accuses them of failing to monitor and maintain the jacuzzi properly, allowing an outbreak of Legionella bacteria. "Defendants knew that guests would enjoy food and drink next to the jacuzzi within splashing distance of its flowing waters," states the complaint.
The suit further details how Mitchem fell severely ill after his stay at Sleep Inn. He tested positive for Legionella bacteria and experienced debilitating symptoms requiring intubation and ongoing medical care. The complaint highlights that less than a month after Mitchem's stay, on June 15, 2023, an inspection by the Florida Department of Health resulted in closing the jacuzzi due to violations related to water quality.
Mitchem is seeking damages exceeding $50,000 for physical injuries, mental anguish, psychiatric distress, and economic losses resulting from his illness. The plaintiff demands judgment against both defendants for their alleged negligence and failure to uphold safety standards.
Representing William Mitchem are attorneys from Leesfield & Partners P.A., including Eric Shane. The case is being presided over by judges in Pinellas County under Case Number: 24-003694-CI.