The defendant hotel management company brought a summary judgment motion seeking dismissal of a personal injury action arising from the collapse of a hotel balcony at a resort in the Dominican Republic.
The plaintiffs alleged that the moving party held itself out as an operator of the resort and could be liable as an occupier.
Evidence suggested a close relationship between the moving party and another corporate entity responsible for resort operations, creating uncertainty regarding operational control and responsibility.
The court held that contradictory evidence regarding the entities’ roles and potential occupier’s liability made summary judgment inappropriate.
The motion was dismissed and the plaintiffs were awarded costs.