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Lister v. Hyatt Corporation

United States District Court, W.D. Washington

January 16, 2020

KATHRYN LISTER, an individual, Plaintiff,
v.
HYATT CORPORATION, a Delaware corporation d/b/a HYATT REGENCY BELLEVUE, Defendant.

          ANDREWS SKINNER, PS Stephen G. Skinner, WSBA# 17317 Alison Markette, WSBA# 46477 Attorneys for Defendant

          MAXWELL GRAHAM, PS Rebeccah Graham, WSBA#20494 Attorney for Plantiff

          MAXWELL GRAHAM, PS Michael A. Maxwell, WSBA# 21781 Attorney for Plantiff

          PRETRIAL ORDER

          JAMES L. ROBERT UNITED STATES DISTRICT JUDGE

         JURISDICTION

         Jurisdiction is vested in this Court by virtue of 28 U.S.C. § 1441(a) and 28 U.S.C. §1 332(a)(l).

         CLAIMS AND DEFENSES

         The Plaintiff will pursue at trial the following claims:

         1. Negligence.

         The Defendant will pursue the following claims and/or affirmative defenses at trial:

         1. Comparative negligence by the Plaintiff;

         2. Allocation to all at-fault entities, including parties and non-parties, per RCW 4.22.070;

         3. Plaintiffs complaints and damages were caused by unrelated pre-existing or subsequent conditions for which Defendant is not legally responsible;

         4. Plaintiff s damages were caused by unavoidable consequences, acts, or omissions beyond the direction, supervision, or control of the defendant.

         ADMITTED FACTS

         1. Defendant Hyatt Corporation owns the Hyatt Regency Bellevue located in Bellevue Place, which is a mixed-use project located in downtown Bellevue.

         2. In addition to the Hyatt Regency Bellevue, a number of other businesses are located in Bellevue Place, including the 13 Coins Restaurant ("13 Coins").

         3. On June 15, 2017, Plaintiff Kathryn Lister went to 13 Coins for coffee and dessert with her family.

         4. Lister arrived at 13 Coins restaurant shortly before 11:25pm.

         5. Shortly after arriving at 13 Coins, Lister needed to use the restroom.

         6. Lister exited 13 Coins through open double doors to enter the Hyatt lobby to use the restroom which was located in the lobby of the Hyatt hotel.

         7. Lister walked through the lobby towards the restrooms.

         8. At 11;55 p.m., Lister rounded a corner to enter the restroom area, and lost her balance in what she describes as vomit, fell to the floor and was injured.

         9. Lister fractured her left hip when she fell.

         10. Lister's injury required a surgical repair.

         11. Between 11:30 pm and midnight on June 15, 2017, the following employees of Defendant Hyatt Corporation were on duty at the front desk in the lobby of the Hyatt Hotel: assistant management trainee Roxanne Taggart-Hugo, night auditor Jaeson Bloom, and night auditor Daniel Ruegel.

         12. The shift of Hyatt Regency Bellevue housekeeping staff ends at 11:30 p.m.

         13. Between 11:30 p.m. and midnight on June 15, 2017, no housekeeping staff were on duty ...


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