The family of a U.S. Marine Corps veteran who was “boiled alive” taking a too-hot shower during a trip is suing the hotel, claiming the scalding water led to his death.
After driving over 300 miles from Los Angeles to San José to watch his granddaughter graduate from San José State on May 22, 72-year-old Terril Johnson went to take a shower at the Fairfield by Marriott Inn & Suites San Jose Airport, where he was staying with family.
His loved ones allege that he was “effectively boiled alive” by the blistering hot water, which a medical examiner said ultimately caused his death, according to a lawsuit filed against the hotel.
“He died the night before the graduation,” his son, Terril Johnson II, told The Mercury News. He said his father had been “ecstatic” about getting to see his granddaughter, an NCAA gymnast, receive her degree.
Johnson was found unconscious and partially submerged in water that was allegedly too hot for his family to pull him from without burning themselves. He was found by his grandson, Deshaun, who was staying in an adjoining hotel room, the family’s attorney, Paul Traina, told the Los Angeles Times.
It wasn’t clear how long Johnson had been submerged in the water, but Traina said it had only been “a short time.” His son, daughter-in-law and three granddaughters were all present at the time of the incident.
His relatives attempted to perform CPR, but according to court filings, “were forced to watch in horror as his skin peeled away from his body.”
On October 15, Johnson’s family filed the lawsuit against Fairfield by Marriott Inn & Suites San Jose Airport, claiming wrongful death and negligent infliction of emotional distress.
The lawsuit claims that the Santa Clara County medical examiner ruled Johnson’s cause of death to be severe scalding due to burns covering more than 33 percent of his body.
The temperature of the water was between 134 and 136 degrees Fahrenheit, according to the suit. According to the California Plumbing Code, showers and tub showers should not exceed a temperature higher than 120 degrees.
“This was not a freak accident. It was the direct result of Defendant’s gross negligence and failure to meet even basic safety obligations,” the lawsuit claims.
Marriott did not immediately return a request for comment from The Independent.
Johnson had served in Vietnam with the Marine Corps and, after, moved to California and married his high school sweetheart. He had two children and four grandchildren, according to the report.
He had retired from his job as a senior lead technician at the Los Angeles Metropolitan Transit Authority just a year before his death.
His son remembered him as “a fun-loving person,” telling Mercury News, “he enjoyed life.”
The grandfather’s support and encouragement also played a role in the success of his grandchildren, whom his son said he spoke to on the phone “every day.”
The horrifying incident left Johnson’s family with post-traumatic stress disorder and recurring nightmares, they told the outlet.
“I have dreams that my dad really didn’t die, that he was just burned really bad,” his son said. “I visit him in the hospital and he’s all covered in gauze.”
