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A report from the Express-News details the lawsuit, which was released Monday. In August 2018, Cassandra DeLaCruz said she was walking along the River Walk and pushing her then two-year-old son Jacob Francisco in a stroller when she alleges that a glass bottle of ketchup fell from a balcony at the Omni La Mansión Del Rio, striking her son.
The incident reportedly happened after guests staying on the fifth floor of the hotel ate their burgers on the balcony and accidentally bumped into the food cart, causing the bottle to fall. A witness backed up DeLaCruz's account and helped hotel managers identify which balcony the bottle had fallen from.
The lawsuit goes on to claim that the toddler suffered serious injuries to his neck and brain, as well as other undisclosed parts of his body. The injuries "have already impacted his health and wellbeing," the lawsuit reads, though more specific details were not included.
DeLaCruz, who is being represented by an attorney within the practice of Thomas J. Henry, has named the local hotel, parent company Omni Hotels & Resorts and owner TRT Holdings, all Texas-based companies. The lawsuit also named Eric McCoy, one of the guests that DeLaCruz claims caused the incident by not being able to keep the ketchup bottle from falling.
In a preliminary report, McCoy said he tried to grab the bottle before it fell off the balcony, and went downstairs following the incident to make sure nobody was hurt. DeLaCruz alerted hotel employees and police responded to the scene. Officers told DeLaCruz that the incident was an accident and that the police report "would not be filed as a criminal offense."
Nevertheless, DeLaCruz, who lives in Bexar County, is seeking more than $1 million in damages. The lawsuit also holds the hotel responsible for keeping pedestrians safe from objects that could fall off a balcony.
Stay tuned, folks. It'll be interesting to see how this one plays out.
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