Gordon Rees Scully Mansukhani Phoenix Partner Jill Ormond, Senior Counsel Shawn Alves, and Senior Counsel Rachael Fornof, with tireless support from Paralegal Sallie Bittner and Legal Secretaries Annalisa Burns and Lupe Alabado, secured a unanimous defense verdict in a case involving a poolside incident at an Arizona resort owned by the firm’s client, an American multinational company that operates, franchises, and licenses lodging brands, including Arizona resort properties.
The plaintiffs sued GRSM’s client, a resort in Southern Arizona, originally seeking $35 million in damages. The suit stemmed from an unexpected wind event, a dust devil, that elevated a poolside sun umbrella and its base, propelling it airborne, more than 25 feet into the pool. The umbrella pole and canopy struck the plaintiffs’ 3-year-old child, resulting in a serious injury, while the base of the umbrella hit the father, causing a significant leg fracture.
The key issue in the case was whether the hotel had notice of a dust devil and whether a pool umbrella was an unreasonably dangerous condition. The hotel presented a meteorologist expert who explained the unexpected nature and strength of local area dust devils. As the trial neared its conclusion, the plaintiffs made their final demand of $15.5 million.
After deliberating for less than an hour, the jury unanimously found in favor of the hotel.
This case underscores the ability of GRSM’s Retail & Hospitality practice to defend hotel chains and other businesses against high-stakes claims, demonstrating the firm’s commitment to providing tailored legal representation for the unique challenges of the hospitality sector.