KY man found dead after a fire in his hotel room. Lawsuit says hotel is to blame
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- Lawsuit claims hotel lacked working alarms and sprinklers in fatal fire
- Defendants include Wyndham Hotels and local management firm Paintsville Hospitality
- Estate seeks damages, citing alleged negligence
A lawsuit filed in Johnson County alleges that a Paintsville hotel is to blame for the death of a man in a fire there last year.
Barry Gordon Stambaugh, 69, was found dead in his room at the Days Inn when staff came to clean the room Nov. 2 and found that there had been a fire inside. An autopsy determined Stambaugh had third-degree burns and likely died of smoke inhalation, WYMT reported.
The lawsuit filed Sept. 10 on behalf of Stambaugh’s estate alleges that the hotel lacked properly working smoke alarms and sprinklers.
The lawsuit says “the Defendants knew or should have known that the smoke alarms and sprinklers inside the Plaintiffs’ hotel were broken, improperly installed, inoperable, and/or missing.”
The suit says the lack of working alarms and sprinklers is a violation of Kentucky residential code and international building code and alleges negligence and liability on behalf of the hotel operators.
“Fires like this simply aren’t deadly when buildings are properly outfitted with functional smoke detectors, fire alarms and sprinklers,” Morgan & Morgan founder John Morgan and attorney Dion Moorman said in a joint statement. “The lawsuit alleges that our client would still be alive if the smoke alarms had been working as they should have. Our client’s family wants justice for his death, as well as to ensure the owner and licensors of this hotel prioritize the safety of their guests so this never happens to someone else.”
The suit names as defendants Wyndham Hotels and Resorts, Days Inns Worldwide, Paintsville Hospitality and Rajendrakumar Patel, who the lawsuit says managed the property. The Kentucky Secretary of State’s website lists Patel as the registered agent for Paintsville Hospitality.
Stambaugh’s sister, Sheila Arisohn, brought the lawsuit in her capacity as representative of his estate.
WYMT reported at the time of Stambaugh’s death that investigators believe he fell asleep while smoking in bed, igniting the mattress.
No alarm alerted others to the fire, which did not spread outside the room and was already extinguished when hotel staff entered. According to WYMT, staff found Stambaugh because check-out time had passed and he had not left.
The room had substantial damage, the television station said.
The lawsuit seeks compensatory and punitive damages.
Stambaugh was a Navy veteran and a graduate of Johnson Central High School, where he played basketball, according to his obituary.
