The Bahamas, Nassau-A multinational hospitality company has asked a Florida court to dismiss a lawsuit filed by a family of a 15-year-old girl allegedly raped in the Bahamas last year against her company and other parties.
Hyatt Hotels Corporation (HHC) states that it has nothing to do with this issue and that the Bahamas courts, rather than the Florida courts, have appropriate jurisdiction over the proceedings related to this issue.
The girl’s family filed a proceeding on March 28 in the Southern District Court of the United States District Court in Miami, Florida.th2022 after Henry Richard “Ricky” Nixon raped the girl on April 4, 2021.
According to the family, when 58-year-old Nixon invited her into a closed poolside cabana and overwhelmed her and raped her, the girl left the hotel room a short distance to the lobby and talked to a friend on the phone.
The father allegedly tore Nixon from his daughter and found her curled up on the ground, pushing her underwear sideways and confused and crying.
Nixon was later arrested and charged with statutory rape. His trial was expected to begin in May.
The family accused the case of being unsafe.
Defendants in the proceedings are Hyatt Hotels Corporation, Grand Hyatt Bahamar, and CTFBM Operations LTD.
Hyatt claims in a document filed June 30 that plaintiffs have sued the wrong party and invented a non-existent party.
According to the company, hotels in Bahamar have a “Hyatt” brand, but they are not owned by HHC or Hyatt-related entities.
“HHC does not own, operate or franchise any part of the hotel or resort and does not share its benefits and losses,” said a court document.
“In fact, HHC is not directly involved in the hotel and is involved in joint ventures or partnerships with HC, Hyatt of Latin American and Caribbean LLC, Hyatt Service Caribbean LLC, CTF, SWB, or other entities or owners. Not in the hotel or resort or under its control. “
“Some of HHC’s subsidiaries operate independently at Florida and Bahamian Hotels, but they are legally different companies that respect corporate procedures.”
HHC lawyers also argue that Florida is not a proper forum for proceedings.
“… All existing defendants are suitable for processing in the Bahamas,” the document says. “The hotel owner’s CTF is a Bahamas company and is subject to the procedures and jurisdiction there. HHC also supports processing and jurisdiction in the Bahamas. It itself meets availability. “
It continues: “The Bahamas is more than enough forums under all means. Indeed, the forums where torts are alleged are the best forums in this case. The Bahamas filed a civil lawsuit in the British common law. Applying and knowing exactly what type of negligence the plaintiff has filed in this case.
“Plaintiffs in the Bahamas are entitled to” special damages “(such as loss of medical expenses and wages) and financial compensation for pain and distress. As in the United States, plaintiffs can provide witnesses, experts, and documentation to support their allegations. The fact that the Bahamian forums may require travel abroad, are not generous in terms of damages, or may differ in their legal theory or jury process does not make it inadequate. “
The lawyer also alleges that all evidence related to the case is accessible in the Bahamas and is beyond the power of the Florida subpoena.
“A hotel entirely owned by a Bahamian company unrelated to HHC may own relevant business records, surveillance videos, site maps, employee records, payroll records, and internal policy documents. There is, “the document states.
“The storage and maintenance of these records and the witnesses available to authenticate them may take place in the Bahamas. Similarly, witnesses and guards employed at hotels and resorts at the time of the incident. The members came from the Bahamas and needed international testimony and travel. “
HHC lawyers say the forensic information related to the alleged rape is in the Bahamas.
They also argue that it is in the public interest to hear the problem in the Bahamas instead of Florida.
“The local interests in deciding on localized disputes in their forums also support the dismissal,” the document says. “The court recently concluded in a fall case filed by a U.S. citizen who filed a tort at a resort in the Bahamas.’The Bahamas decided to regulate and determine standard treatment for the resort. He has a strong interest. In contrast, the interest in Florida is minimal … in fact, the only obvious connection with Florida is the main office of a single defendant in the state. “
“The rationale applies more strongly here. Plaintiffs raise instigating claims that could affect tourism in the country’s lifeline industry, the Bahamas, rather than benign fall cases. Plaintiffs’ allegations of illegal activity also stem from criminal charges in the Bahamas, further increasing local interest in resolving the case. In contrast, the case is a U.S. citizen or a resident of Florida. It does not show anything of great public importance to the person. “
https://ewnews.com/alleged-baha-mar-rape-hyatt-lawyers-file-to-dismiss-familys-lawsuit-in-america?utm_source=rss&utm_medium=rss&utm_campaign=alleged-baha-mar-rape-hyatt-lawyers-file-to-dismiss-familys-lawsuit-in-america Hyatt lawyer filed to dismiss family proceedings in the United States – Eye Witness News