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Lister v. Hyatt Corp.

United States District Court, W.D. Washington, Seattle

October 15, 2019

KATHRYN LISTER, Plaintiff,
v.
HYATT CORPORATION, Defendant.

          ORDER ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON AFFIRMATIVE DEFENSES 1, 2, AND 4-12

          JAMES L. ROBART UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Before the court is Plaintiff Kathryn Lister's motion for summary judgment on or to strike Defendant Hyatt Corporation's (“Hyatt”) affirmative defenses 1, 2, and 4-12. (See Mot. (Dkt. # 22).) Hyatt opposes the motion. (See Resp. (Dkt. # 24).) The court has considered the motion, the submissions filed in support of and in opposition to the motion, the relevant portions of the record, and the applicable law. Being fully advised, [1]the court DEFERS RULING in part and DENIES in part Ms. Lister's motion. The court DIRECTS the Clerk to renote Ms. Lister's motion for fourteen (14) days from the filing date of this order.

         II. BACKGROUND

         This matter arises from Ms. Lister's alleged 2017 slip and fall at the Hyatt Regency Bellevue. (See Compl. (Dkt. # 1-2) ¶¶ 2.1-2.8.) Ms. Lister alleges that on June 15, 2017, she slipped and fell in vomit near the entrance to the women's restroom next to the Hyatt Regency Bellevue's lobby. (See id.) Ms. Lister alleges she incurred injuries from the fall. (See id. ¶ 3.4.)

         Hyatt states that the identity of the person who vomited is unknown. (See Resp. at 2.) Hyatt further states that no one reported the vomit prior to Ms. Lister's fall or asked Hyatt to clean it up. (See Id. (citing Skinner Decl. (Dkt. # 25) ¶ 2, Ex. 1 (“Hugo-Taggart Dep.”) at 30:19:31:1, 47:15-48:18, 76:16-77:18).) However, the deposition testimony that Hyatt cites does not necessarily support this conclusion. In her deposition, Ms. Roxanne Hugo-Taggart testifies as follows:

Q: Did anybody tell you about the spill on the floor of the bathroom?
A: I don't remember being reported the spill. But once I looked at my emails, it was - I had written that the 13 Coins hostess had informed me.
Q: Okay. Do you know what time that was?
A: I didn't write in the email what time it was. Again, I would have to speculate exactly what I wrote down. But, you know, in the following email chains, I said before midnight.
Q: Do you know when Kathryn fell, what time?
A: I would have to speculate . . . exactly what time, but I wrote around midnight, I think I wrote 12:05ish.
Q: Do you know where you got that time from?
A: Looking at the time on the computer and writing it down on a note.
Q: Do you know whether that the time would have been when you learned about from the person from 13 Coins?
A: I don't remember.
Q: Do you know what time Kathryn fell?
A: No.

(Hugo-Taggart Dep. at 30:22-31:19.) Although Ms. Hugo-Taggart's testimony is not completely clear, it can be interpreted as supporting the notion that Hyatt received notice of vomit on the ...


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