Case Review: Marriott sued for misuse of ozone machine

Stephanie Tolson was a paying guest in a Marriott hotel in Arlington, Virginia on the evening of January 26, 1998. She complained of the smell of cigarettes in her room but was advised that there were no other rooms available and that an ozone machine would be employed to clean her room the next day. She was also informed that, for health reasons, she could not be present while the machine was running.

After Tolson left her room the next morning, Esperanza Jimenez, a Marriott housekeeping supervisor, placed an ozone machine in Tolson's room. She testified that she set the machine by timer to turn off in twenty minutes, and she never returned to the room to confirm that the machine had turned off.

Tolson returned to her room after 6:30 that evening. Immediately upon entering, she sensed Clorox-like fumes. When she entered the bathroom, she noticed a black and blue square metal machine that was switched on -- although the timer was not on -- and the machine was emitting a smell. By that time, her throat was burning, her eyes were watering, and she became nauseated. When she called the front desk, she was placed on hold for five minutes while her problems continued. Tolson then proceeded to the hotel lobby and reported the problem at the front desk. After hotel personnel removed the ozone machine and provided Tolson with another room, she was instructed to collect her belongings from the first room. The total time she spent in the room for both visits was about 20 minutes.

Later that evening, Tolson was transported to the emergency room where she was diagnosed with acute pulmonary chemical irritation. Her family doctor examined her the following weekend and referred her for diagnostic testing, which revealed that Tolson was suffering from asthma and thickened vocal cords. Tolson was then referred to a board-certified occupational disease physician, Dr. Laura Welch, for an examination.

Tolson subsequently filed a lawsuit against Marriott for negligence.

Marriot denied any improper use of the machine.

Dr. Welch testified at the trial that ozone is a known irritant to people who have a preexisting inflammatory disorder. She testified to a reasonable degree of medical certainty that the ozone exposure exacerbated Tolson's preexisting condition of chronic rhinitis, causing persistent postnasal drip onto her vocal cords, resulting in the thickening of the vocal cords and hoarseness. Dr. Welch also testified that Tolson's exposure to ozone led to her asthma. Dr. Welch reached her conclusions by examining Tolson and reviewing the medical records and diagnostic tests as well as the medical and scientific literature on accepted levels of ozone as established by the EPA. Dr. Welch testified that Tolson would probably need to take several medications for the rest of her life. She also testified that it would be advisable for Tolson to stay home on days when the ozone level in the air was high.

The jury returned a verdict in favor of Tolson for $ 120,000.

Marriot appealed to the United States Court Of Appeals For The Fourth Circuit which upheld the jury verdict.

Source: Tolson v. Marriott Int'l, Inc., 2001 U.S. App. LEXIS 8795
(United States Court Of Appeals For The Fourth Circuit) (May 9, 2001)

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This information was provided by Stephen Gibson, president, Ornel,Inc., www.hrlawindex.com, www.courtcases.net.