United States District Court, W.D. Washington, Seattle
ORDER ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY
JUDGMENT ON AFFIRMATIVE DEFENSES 1, 2, AND 4-12
L. ROBART UNITED STATES DISTRICT JUDGE
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, 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.
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.)
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
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
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?
(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 ...