In Re: Pre-Suit 30-Day Demand Notice – ADA Violations, Negligence, Premises Liability | $10,000,000 Demand | Days Inn by Wyndham Lakewood South Tacoma To: Owner, Operator, Franchisee, Management, Insurers, and Risk Management Division Days Inn by Wyndham – Lakewood South Tacoma PRE-SUIT THIRTY (30) DAY DEMAND NOTICE: This correspondence constitutes a formal Pre-Suit Thirty (30) Day Demand Notice and opportunity to resolve serious claims arising from Americans with Disabilities Act (ADA) violations, Washington civil rights violations, negligence, and premises liability resulting in catastrophic injury while I was a registered guest at your property. I. PARTIES: 1. Claimant: Sylvester Mahone. Contact info: [protected]@gmail.com Phone No. 253.954.0744. Date of Birth: 02/10/1970, is a 55 year old physically disabled individual protected under federal and Washington disability laws. 2. Respondents: Days Inn by Wyndham Lakewood South Tacoma, including all owners, operators, franchisees, managers, employees, agents, insurers, and risk-management representatives. II. RESERVATION AND GUEST INFORMATION: A. Property: Days Inn by Wyndham Lakewood South Tacoma B. Dates of Stay: November 17–21, 2025 C. Confirmation No.: 83096EE056813 D. Cheaphotels Itinerary No.: [protected] E. Assigned Room: Room 201 (ground floor, near front office) III. DISABILITY STATUS AND REQUEST FOR ACCOMMODATION: 1. I am a qualified individual with a disability under: a. 42 U.S.C. §12102 b. RCW 49.60.040 2. My disabilities include: a. Severe bilateral knee arthritis b. Ambulation with a walker c. Neurological impairment and cervical spine instability from prior upper-cervical fusion surgeries 3. Prior to and at check-in, I expressly requested a disabled-accessible room with reasonable accommodations due to my disabilities. IV. FAILURE TO PROVIDE ADA-COMPLIANT ACCOMMODATIONS: 1. Despite notice, I was assigned Room 201, which was not ADA-compliant. 2. The bathroom and shower/tub area lacked: a. Grab bars b. Safety rails c. Any reasonable accommodation for a disabled guest 3. I notified front desk staff that: a. The room was unsafe b. The missing shower grab bar created a serious fall risk c. I required relocation or immediate correction 4. Staff acknowledged the complaint and represented it would be addressed. 5. No corrective action was taken. V. FORESEEABLE AND PREVENTABLE FALL: 1. At approximately 1:00 a.m., while attempting to shower: a. I reached for the shower control b. Lost balance due to the absence of grab bars c. Fell violently inside the bathtub 2. I struck my head and cervical spine, immediately experiencing severe neurological pain radiating down both arms into my hands and fingers. 3. Due to my disabilities and the lack of safety features, I was unable to exit the tub independently. VI. PROLONGED IMMOBILIZATION AND LACK OF EMERGENCY SAFEGUARDS: 1. The bathroom contained: a. No emergency pull cord b. No alert system c. No accessible means to summon assistance 2. I remained trapped in the bathtub and later on the bathroom and room floor for an extended duration. 3. Repeated attempts to stand failed due to: a. Severe arthritis b. Neurological deficits c. Escalating pain 4. I experienced: a. Urinary incontinence b. Exposure to cold conditions c. Panic, humiliation, and emotional distress d. Physical deterioration VII. FAILURE TO ASSIST AND EMERGENCY RESPONSE: 1. After approximately twenty-four (24) hours, I contacted the front desk and reported, a. A fall b. Injury c. Inability to get off the floor 2. Staff declined to assist and instructed me to call 911. 3. Emergency responders were required to forcibly access the room and transported me to St. Clare Hospital Emergency Department. VIII. MEDICAL CONSEQUENCES AND AGGRAVATION OF INJURIES: 1. Medical providers documented: a. Head trauma b. Cervical spine injury c. Neurological symptom exacerbation 2. The fall and prolonged immobilization aggravated pre-existing cervical fusion complications. 3. I required extended hospitalization, diagnostic imaging, pain management, and treatment for severe bilateral lower-extremity edema. IX. ENUMERATED LEGAL VIOLATIONS: A. Federal Law 1. Americans with Disabilities Act, 42 U.S.C. §12101 et seq. 2. 42 U.S.C. §12182 (Public accommodations discrimination) 3. 28 C.F.R. Part 36 (ADA Standards for Accessible Design) B. Washington State Law 1. Washington Law Against Discrimination (WLAD), RCW 49.60 2. RCW 49.60.030 (Civil right to be free from discrimination) 3. RCW 49.60.215 (Unfair practices in public accommodations) C. Common Law: 1. Negligence 2. Negligence per se 3. Premises liability 4. Failure to warn and failure to assist X. CAUSATION: 1. Respondents had actual notice of my disability and safety needs. 2. Respondents failed to act. 3. My injuries were the direct, proximate, and foreseeable result of those failures. XI. ITEMIZED DAMAGES DEMAND – $10,000,000: A. Past medical expenses – $750,000 B. Future medical care and rehabilitation – $2,750,000 C. Permanent aggravation of cervical and neurological injuries – $2,000,000 D. Physical pain and suffering – $1,500,000 E. Emotional distress and psychological trauma – $1,250,000 F. Loss of dignity, autonomy, and bodily integrity – $750,000 G. ADA and civil-rights statutory damages – $750,000 H. Loss of quality of life – $250,000 I. Out-of-pocket and incidental expenses – $250,000 TOTAL DEMAND: TEN MILLION DOLLARS ($10,000,000) XII. INSURANCE NOTICE: 1. This claim must be immediately tendered to all applicable: a. Commercial General Liability policies b. Umbrella and excess liability carriers c. Franchise and indemnity insurers 2. Failure to tender may expose insured parties to bad-faith liability. XIII. PRESERVATION OF EVIDENCE – SPOLIATION NOTICE: You are on formal notice to preserve all evidence, including but not limited to surveillance footage, ADA audits, maintenance records, incident reports, staff schedules, training materials, and internal communications. Any destruction or alteration of evidence may result in sanctions, adverse inferences, and independent liability. XIV. DEADLINE: This matter must be resolved within thirty (30) days of receipt of this notice. Absent resolution, I am prepared to pursue all available legal remedies without further notice. All rights are expressly reserved. Dated this 1st, Day of February, 2026. Respectfully, Sylvester Mahone, Injured Claimant.
Claimed loss: $10,000,000 damages for injuries sustained.
Desired outcome: Open to a good-faith effort to resolve this matter. I have sent two complaints since February 1, 2026, and have not received any response by management or Corporate Headquarters personnel to the date of this third complaint.
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