A shocking case of negligence has surfaced involving a well-known hotel in San Jose, California. On June 14, 2024, attorney Brian C. Gonzalez filed a complaint in the Superior Court of California, County of Santa Clara, against Infinite Loop Moorpark Hotel, LLC; Aloft San Jose Cupertino; SG Silicon Valley LLC; and other unnamed defendants. The plaintiffs allege severe personal injury and damages due to premises liability negligence.
The plaintiffs in this case—Daniel Miles, Rita Miles, Pushkar Joshi, and Frances Joshi—are suing the aforementioned defendants for an incident that occurred during their stay at the Aloft San Jose Cupertino hotel from June 25 to June 26, 2022. According to the complaint, the spa at the hotel was contaminated with Legionella bacteria, which led to all four plaintiffs contracting Legionnaires' disease. This severe form of pneumonia is typically contracted by inhaling water droplets containing the bacteria.
Attorney Brian C. Gonzalez claims that prior to the plaintiffs' stay, multiple violations of California Health and Safety Code were reported concerning the hotel's water quality and maintenance. Specifically, inspections revealed deficient chlorine levels and excessive pH levels in the pool and spa areas. Despite these warnings from Santa Clara County's Department of Environmental Health, it is alleged that no corrective actions were taken by the defendants.
The lawsuit details how Daniel Miles' condition became so critical that he was hospitalized and a priest was summoned for last rites as his family gathered around what they believed could be his deathbed. The plaintiffs argue that their exposure to Legionella was directly caused by the defendants' failure to maintain safe conditions at their property.
Following this harrowing experience for the plaintiffs, an inspection confirmed that the spa did indeed test positive for Legionella bacteria. Consequently, it was closed for decontamination based on CDC guidelines before being allowed to reopen weeks later.
In addition to general damages for physical injuries and mental anguish suffered by all four plaintiffs, they are seeking compensation for medical expenses (both past and future), loss of earnings and earning capacity, incidental expenses, property damage including loss of use and diminished value according to proof. They also request punitive damages against the defendants due to what they describe as deliberate negligence showing a conscious disregard for guest safety.
Representing these individuals in court is attorney Brian C. Gonzalez from his law offices located in San Diego. The case has been assigned Case ID 24CV441178 with Judge J. Nguyen presiding over proceedings.