A Los Gatos woman is suing a Napa Valley resort alleging that she was injured after an umbrella struck her in the head while eating lunch by the pool.
Karen Foster, a guest at Carneros Resort and Spa, was dining by the pool for lunch on April 25, 2016 when an umbrella “struck” her, according to the suit filed in Napa County Superior Court last month. She had just received spa treatments that morning, according to the suit.
When asked to confirm whether or not Foster was a guest at the resort and if the alleged incident had been reported to the resort at the time, representatives with the resort said they could not provide that information.
“We are not able to provide details related to any of our resort guests and this matter at this time,” Greg Flynn, president of Flynn Properties Inc. and owner of Carneros Resort and Spa, said in a statement on Thursday.
Foster’s attorney, Michael Shea Jr. of Shea & Shea in San Jose, did not respond to media inquiries.
“The umbrella proceeded to strike her in the head and left shoulder,” the lawsuit says. The suit alleges that the resort didn’t properly fasten the base of the umbrella nor did they warn guests of the dangers of the umbrellas.
Foster “immediately suffered a hematoma,” according to the suit, and, as the afternoon progressed, the hematoma enlarged and her left shoulder became “tender to the touch.”
The suit alleges that Foster sustained neurological injuries to her head, neck and shoulder and that she suffers from headaches, dizziness, balancing problems, muscle weakness in her left side, numbness and tingling on the left side, fatigue and changes in or difficulty sleeping.
In the suit, Foster is requesting general damages, interest, medical and related expenses, loss of earning and earning capacity, costs of suit, and other economic damages.
A case management conference is scheduled for Aug. 28.