Perri, Van Dusen and Doolittle Obtain Summary Judgment for Hotel Franchising Company in Mexican Accident Case
Carl M. Perri, Matthew J. Van Dusen and Lisa M. Doolittle obtain summary judgment dismissing Plaintiff’s Complaint against their client, Hyatt Franchising Latin America, LLC (“Hyatt Franchising”). Plaintiff allegedly slipped and fell while vacationing in Cancun, Mexico on a Hyatt-branded premises. Plaintiff sued Hyatt Franchising alleging negligence in maintaining the property and sought personal injury damages. The motion argued that Hyatt Franchising did not own, operate or control the premises where Plaintiff’s accident occurred and was a mere franchisor such that Plaintiff’s claims must be summarily dismissed. The Kings County Supreme Court agreed and held that Hyatt Franchising made a prima facie showing that it had no control over the day-to-day operations of the premises, had no employees, did not manage or maintain the premises and that the sole purpose of Hyatt Franchising was to franchise the Hyatt brand to hotels throughout Latin America. Plaintiff could not rebut Hyatt Franchising’s prima facie showing of entitlement to judgment as a matter of law and failed to demonstrate that genuine issues of fact existed. As a result, the Court dismissed Plaintiff’s Complaint against Hyatt Franchising.
Carl M. Perri
Matthew J. Van Dusen
Lisa M. Doolittle