The South Beach Resort – Myrtle Beach lawsuit
In a lawsuit filed by a South Beach resident who claims the city’s “swimming pools” are too hot for her, the city has argued that the suit should be dismissed because she was at a spa. A judge did not agree with that decision and found that the plaintiff was able to show that there was a high level of heat in the water in which she swam and therefore, the water temperature in the water could have caused the pain and discomfort that resulted from swimming.
The judge found that the plaintiff swam in the pool where the spa staff would have had access to a cooler air environment. She also noted that when she left the spa and walked back to the pool, the temperature was warmer than it had been when she entered.
The judge found that there were several facts that support the fact that the defendant’s “swimming pools” had a significantly elevated heat index. He said that the plaintiff herself testified at one deposition that there is no way that the water in the pool was ever at a comfortable temperature for her when she entered the pool. When the plaintiff left the pool, he found that the temperature had gone back down to normal.
The judge also found that the plaintiff was not likely to have felt the effects of the temperature in the water in which she swam for more than about ten seconds. He found that the defendant’s “swimming pools” were not designed to last more than about fifteen minutes, and the plaintiff swam for only about fifteen seconds. There were other reasons why the plaintiff would have felt the effects of the temperature in the water immediately before entering the pool.
In the case of the City of Myrtle Beach, a judge found that the plaintiff was unable to show that the water in which she swam was ever a comfortable temperature. The judge also found that the plaintiff was not likely to have felt the effects of the temperature in the water for more than about ten seconds. The judge also noted that the plaintiff’s testimony at one deposition indicated that she had been at the Myrtle Beach spa for more than twenty-five minutes before she entered the pool.
While the judge found that the plaintiff’s lawsuit against the City of Myrtle Beach was likely to fail, the judge did not make an order for summary judgment against the City. Instead, the judge made a ruling that will likely be appealed.
The judge did dismiss the complaint against the City of Myrtle Beach. because it appeared that the plaintiff failed to prove that her lawsuit was based on the law. The city had been able to meet its burden of proof in this regard, and the case would therefore not be dismissed.
The plaintiff is now left with two options for proceeding with her lawsuit: she may file an action against the City of Myrtle Beach for failing to protect its citizens by allowing them to enjoy the “cooling” water in which they swim; or, she may appeal the judge’s dismissal. No matter what happens with her lawsuit, it will be a significant victory for the plaintiff if the courts uphold the South Beach lawsuit.
The City of Myrtle Beach has already filed an opposition to the plaintiff’s motion to dismiss, and it will be interesting to see whether or not the plaintiff decides to proceed with this suit after all. As is typical, the plaintiff’s attorney has already taken advantage of this opportunity to defend his client, and it appears that the plaintiff is now trying to do the same thing in this lawsuit. In response to the plaintiff’s attorney’s comments at a recent deposition, it is difficult to imagine how he will be able to convince the judge that the City of Myrtle Beach was required by the law to provide adequate access to “cooling” water in the swimming pool.
One possible argument that the plaintiff’s attorney may try is that the City of Myrtle Beach was required to make its swimming pool at a reasonable temperature, and that it was not the fault of the plaintiffs that it was not able to do so. In other words, if the plaintiff’s complaint is allowed to stand on this basis, then the plaintiff can argue that the City of Myrtle Beach is liable for a lawsuit brought against it by an elderly woman who has a serious heart condition and cannot enjoy the “cooling” benefits of the pool.
While the plaintiff’s lawsuit against the City of Myrtle Beach may be dismissed, there is still a possibility that the city will win the case or at least partially prevail in it. If the case goes to trial, the jury may conclude that the plaintiff was entitled to the money that it is seeking on the merits. Should the jury find that the City of Myrtle Beach was liable for the plaintiff’s lawsuit, the plaintiff may find herself facing an additional financial hardship and could even find that her lawsuit against the City of Myrtle Beach should be dismissed.
