HOUSTON — The trial of a lawsuit brought by a man who claims he fell into the koi fish pond inside the lobby of an Omni hotel has been slated for June.
Seeking between $250,000 and $1 million in damages, Joseph Phoenix filed a complaint June 24, 2021, in Harris County District Court against TRT Development Company - West Houston (Omni).
A docket control order has the case slated for trial on June 3, court records show.
In his suit, Phoenix claims that while a guest at the Omni Houston Hotel at Westside on Feb. 22, 2020, he suffered a severe fractured ankle and other injuries after falling into the indoor koi fish pond in the lobby.
He alleges there were no warning signs or barricades around the pond that was at floor level in the lobby which had "extremely poor lighting."
He also claims the defendants were negligent for allowing a dangerous condition to exist in such a high traffic area of the hotel lobby and failed to reduce or eliminate the danger.
Court records show that on Feb. 10, 2022, TRT Development answered the suit, asserting a general denial and arguing that the condition was “open and obvious.”
Phoenix claims as a result of his injuries he has suffered pain, physical disfigurement, mental anguish, lost wages and incurred medical expenses.
He is represented by Kenneth Baird of The Baird Law Firm in Houston.
TRT Development is represented by Peavler Briscoe.
Case No. 2021-38078