Art Ovation lawsuit: Sarasota hotel sued for negligence after guest falls from hotel ramp

While the owners of a local arts luxury hotel are suing a former employee and his employer for defamation, Sarasota County court records indicate the hotel is facing its own civil lawsuit for negligence.

The owners of Art Ovation Hotel filed a lawsuit in April against their former director of food and beverage Nicholas Perdue and his current employer, the Rose & Ivy restaurant, for defamation, trespassing and interfering with business operations after alleged continued harassment following Perdue's termination. Perdue, who had been employed by the hotel since October 2021, was terminated on Feb. 5 for infractions to the company's policies, according to the lawsuit.

The boutique hotel, which opened in 2018 and is part of the Marriott International brand's Autograph Collection Hotels, is also embroiled in another legal confrontation by patrons who had visited the hotel in recent years. The hotel is owned, managed and operated by Shaner Hotel Holdings LP and Palm Avenue Hospitality Holdings LLC, court records indicate.

The negligence case against the hotel is scheduled for trial in October; however, a July 1 filing indicates that a mediation is scheduled for mid-September.

Accidental fall from hotel ramp leads to negligence lawsuit

A New Jersey couple is suing Art Ovation for negligence due to an accidental fall that caused serious injury in May 2021.

According to the lawsuit, Liora and Daniel Meidan were guests at the hotel when they entered the patio area of the hotel to enjoy breakfast. As Liora Meidan stepped onto the patio area, it's alleged she stepped from a level tiled floor onto a handicap ramp and fell, fracturing her left shoulder.

The lawsuit claims that the design of the ramp — designed a few inches below the floor level, made of the same-colored tiles of the floor and didn't include a handrail or barrier to separate the floor from the ramp — is a violation of the Florida Building Code. Specifically, the lawsuit claims it's a violation of four sections of the code, including having handrails on ramps with a rise greater than 6 inches and having edge protection on each side of a ramp and its landings.

"The design and construction of the floor and adjacent ramp were negligent and careless and pose a danger to guests in the hotel including Plaintiff, LIORA MEIDAN," the lawsuit claims.

Art Ovation: Sarasota hotel sues former employee and competing restaurant for defamation

The lawsuit asserts that the hotel breached its duty to maintain its common areas, including the patio area, in a reasonably safe condition and free from hazards and dangers that could pose a risk of falling.

Due to the alleged negligence, Liora Meidan was injured, "suffered incapacity, permanent impairment, scarring and disfigurement, loss of significant bodily function, loss of the capacity for the enjoyment of life, pain and suffering, incurred medical expenses and will incur more in the future," the lawsuit states.

As such, the couple filed the lawsuit in June 2022 for an amount that exceeds $50,000, according to the court documents.

The hotel owners filed their response to the lawsuit denying "each and every allegation" made against them in a July 2022 court filing.

The couple's attorney filed another amended complaint almost a year later, adding Prime Investors and Developers LLC and Prime Homebuilders to the lawsuit as defendants. The amended complaint states that the two companies were responsible for building portions of the hotel, including the patio ramp, in 2017.

The amended complaint states that the construction contractors did not conform to the architectural plans and specifications prepared by the architect which included details on constructing the ramp with handrails and/or a safety barrier that would have met the safety provisions of the Florida Building Code.

Art Ovation seeks expansion to build eight 'art-inspired' guest rooms

During a Development Review Committee meeting in June, the hotel applied to expand its northwest corner from the third floor up to the roof. The hotel — located at 1255 N. Palm Avenue — is seeking to add eight guest rooms, a 450-square-foot office space and a covered area with a finishing kitchen on the roof.

“I believe we’ve been … an important part of the community since our opening, now going on six years or so, and look forward to continuing to offer the services that we see our guests are asking for,” said Larry Abbo, CEO of Prime Group and partner in Art Ovation's development. "This is response to that."

Abbo explained the new rooms would be “art-inspired rooms” and coordinated with local artists that the hotel features in its art program. The covered area on the roof would help to address guest complaints about the heat.

General Manager of Public Works Todd Kucharski pointed out that the hotel needed to add a recycling plan since it wasn't included in the hotel’s initial plan in 2018.

Inspections: Live roaches temporarily close Sarasota restaurant

Kucharski questioned how the hotel’s representatives were dealing with recycling onsite, noting that when he visited, he saw staff placing cardboard boxes in a dumpster despite being a recyclable material. In addition, he saw palettes in the solid waste area that shouldn’t have been there.

The developmental board gave partial sign-off on the application. The hotel will need to address the recycling plan and conduct a new traffic study since the new addition includes a commercial space, and then they will need to coordinate with the individual reviewers who hadn't signed off to get their approval before moving forward.

Previous premises liability lawsuit settled for 'slip and fall' injury

Court records show the hotel had one previous lawsuit against it in 2019 when a Preferred Pools and Patio employee was walking towards an elevator and slipped on some water on the floor of the hotel, resulting in injury in April 2018.

The man sued the hotel for more than $15,000 stating that the hotel "failed to maintain reasonably safe conditions" by providing a walkway that was wet, slippery and unfit to be used as a walkway, according to court records.

The lawsuit alleged that the slip and fall caused permanent and serious injuries, bruising on the back, joints and limbs, caused physical pain and suffering, mental pain, lost capacity for enjoyment of life, loss of earnings and loss of ability to earn money, and incurred medical and hospital bills.

In response to the claim, the hotel filed a motion for summary judgment stating that it didn't have "actual or constructive notice of a dangerous condition" and that because a wet and slippery condition on the floor is open and obvious, the man was negligent for not noticing and taking precaution for his own safety.

After more than two years of going through the court process, a settlement was reached for a total of $50,000, according to court records. Of that, the plaintiff received a sum of approximately $9,800 and the rest was distributed between the defense attorney's law firm and medical providers.

The case was closed in April 2022, according to court records.

Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on X: @GabrielaSzyman3.

This article originally appeared on Sarasota Herald-Tribune: Sarasota's Art Ovation Hotel sued by patron for accidental fall