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Deluca v. Hyatt Corporation
Superior Court of Delaware
February 6, 2019
SHARON DELUCA and DONALD DELUCA, Plaintiffs,
HYATT CORPORATION; HYATT HOTELS CORPORATION; HYATT ARUBA N.V.; and ARUBA BEACHFRONT RESORTS LIMITED PARTNERSHIP, Defendants.
Submitted: January 11, 2019
Defendants' Hyatt Corporation and Hyatt Hotels
Corporation Motion for Summary Judgment DENIED
HONORABLE ANDREA L. ROCANELLI JUDGE.
a personal injury case alleging a trip and fall incident.
Upon consideration of the Motion for Summary Judgment filed
by Defendants Hyatt Corporation and Hyatt Hotels Corporation
("Moving Defendants"); the opposition thereto filed
by Plaintiffs Sharon DeLuca and Donald DeLuca
("Plaintiffs"); the facts, arguments, and legal
authorities set forth by the parties; the Superior Court
Civil Rules; statutory and decisional law; and the entire
record in this case, the Court hereby finds as follows:
1. On June 17, 2017, Plaintiffs initiated this negligence
action against Moving Defendants, seeking to recover damages
for injuries arising from a trip and fall incident that
allegedly occurred on December 8, 2015, at the Hyatt Regency
Aruba Resort Spa and Casino in Palm Beach, Aruba
("Resort"). With leave of the Court and no
opposition by Moving Defendants, Plaintiffs filed an Amended
Complaint on December 18, 2018, adding Hyatt Aruba N.V. and
Aruba Beachfront Resorts Limited Partnership as additional
2. Plaintiffs allege that Sharon DeLuca suffered significant
injuries which required surgery when she tripped and fell as
a result of a dangerous defect at the Resort. Plaintiffs are
seeking damages for personal injuries, pain and suffering,
medical expenses, lost wages and loss of consortium.
3. On December 13, 2018, Moving Defendants filed the Motion
for Summary Judgment that is currently before the Court.
Moving Defendants argue that they are entitled to judgment as
a matter of law on the grounds that Moving Defendants are
parent companies that cannot be held liable for the acts or
negligence of their subsidiaries.
4. On January 11, 2019, Plaintiffs filed a response in
opposition to the Motion for Summary Judgment, contending
that the motion is premature as the record is incomplete and
discovery is ongoing, especially with respect to the parent
and subsidiary relationships.
5. Summary judgment may be granted only where the moving
party can "show that there is no genuine issue as to any
material fact and that the moving party is entitled to a
judgment as a matter of law." The moving party bears the
initial burden of proof and, once that is met, the burden
shifts to the non-moving party to show that a material issue
of fact exists. At the motion for summary judgment phase,
the Court must view the facts "in the light most
favorable to the non-moving party." Summary judgment
is only appropriate if Plaintiffs' claims lack
evidentiary support such that no reasonable jury could find
in their favor. Summary judgment will not be granted if
the record indicates that there is a material fact in
dispute, or if further inquiry into the facts would be
appropriate in order to clarify the application of the law to
6. The Court is not satisfied at this early stage that Moving
Defendants are entitled to judgment as a matter of law. An
unresolved issue of material fact remains as to Moving
Defendants' relationships to the other parties named as
defendants in this matter.
THEREFORE, this 6th day of February, 2019, the Motion for
Summary Judgment filed by Defendants Hyatt Corporation and
Hyatt Hotels Corporation is hereby DENIED without
IS SO ORDERED.
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