Jeffers v. Kerzner Int'l Hotels Ltd.
Jeffers v. Kerzner Int'l Hotels Ltd.
Opinion of the Court
THIS MATTER comes before the Court upon Harborside at Atlantis Development Limited, Harborside at Atlantis Management Limited, Harborside Resort Vacation Ownership Association Limited, Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., and Vistana Vacation Ownership, Inc.'s (collectively, "H, S & T Defendants") Motion to Dismiss (D.E. 16) and Kerzner International Hotels Limited, Kerzner International Bahamas Limited, Kerzner International Resorts, Inc., Brookfield Asset Management, Inc., and Brookfield Hospitality Properties, LLC's (collectively, "K & B Defendants") Motion to Dismiss (D.E. 23). Plaintiff filed her Response in Opposition to *1270both Motions to Dismiss (D.E. 35). The H, S & T Defendants filed their Reply (D.E. 36). The K & B Defendants also filed their Reply (D.E. 37).
I. Background
Plaintiff filed her Amended Complaint on April 3, 2017, purporting to allege a cause of action for negligence. Therein, Plaintiff alleges that she was staying at The Harborside at Atlantis Resort on Paradise Island, Nassau, The Bahamas on May 21, 2013. At approximately 11:35 p.m., Plaintiff slipped and fell on the bathroom floor of her guestroom.
The two Motions to Dismiss make three identical arguments: (1) forum non conveniens ; (2) failure to file within the statute of limitation; and (3) failure to comply with Rule 8 of the Federal Rules of Civil Procedure. The H, S & T Defendants also argue failure to properly plead punitive damages.
II. Legal Standard
In deciding a motion to dismiss, the Court must accept a complaint's well-pled allegations as true. Erickson v. Pardus ,
[A] document attached to a motion to dismiss may be considered by the court without converting the motion into one for summary judgment only if the attached document is: (1) central to the plaintiffs claim; and (2) undisputed.... "Undisputed" in this context means that the authenticity of the document is not challenged.
Horsley v. Feldt ,
III. Discussion
Arguing that Bahamian law applies, Defendants contend that Plaintiff's claim is time-barred.
a. Choice of Law
A federal district court sitting in diversity must apply the choice of law rules of the forum state. Trumpet Vine Investments, N.V. v. Union Capital Partners I, Inc. ,
*1271Michel v. NYP Holdings, Inc. ,
Generally, in tort cases, the location where the injury occurred is the decisive consideration in determining the applicable choice of law. See Bishop v. Fla. Specialty Paint Co. ,
The second factor also favors The Bahamas. Plaintiff's argument that significant aspects of Defendants' negligent conduct occurred in Florida because its business operations are located there is unpersuasive. Because Plaintiff alleges that Defendants failed to properly maintain its premises, resulting in her injury in The Bahamas, the place where the conduct causing the injury is necessarily in The Bahamas.
With respect to the third factor, Florida has a slight relationship to the parties and the conduct alleged in this case. Only two out of eleven Defendants are incorporated in Florida. Notwithstanding the place of incorporation or administrative location of the Defendants, it is notable that each Defendant's business operated, in significant part, in The Bahamas.
The fourth and final factor favors application of Bahamian law. Plaintiff argues that the relationship between the parties is centered in Florida by virtue of the fact that Defendants' business operations are based in Florida. This is, again, unpersuasive given the fact that Plaintiff's relationship to the Defendants stems from her slip and fall during her stay at The Harborside at Atlantis Resort.
After considering whether Florida or The Bahamas has the most significant relationship to the parties and the conduct alleged in this case, the Court finds that the scales are tipped in favor of The Bahamas. Plaintiff's claim for negligence is governed by the law of The Bahamas.
b. Statute of Limitations
In the Eleventh Circuit, dismissal on statute of limitations grounds is appropriate "if it is apparent from the face of the complaint that the claim is time-barred." La Grasta ,
Plaintiff alleges that she was injured on May 21, 2013. Under Bahamian law, Plaintiff had until May 21, 2016 to institute her claim. Plaintiff filed her Complaint on March 31, 2017. Accordingly, the Court finds that the statute of limitations has expired and case is time-barred.
IV. Conclusion
It is ORDERED, ADJUDGED, and DECREED as follows:
1. Harborside at Atlantis Development Limited, Harborside at Atlantis Management Limited, Harborside Resort Vacation Ownership Association Limited, Starwood Hotels & Resorts Worldwide, Inc., Vistana *1272Signature Experiences, Inc., and Vistana Vacation Ownership, Inc.'s Motion to Dismiss (D.E. 16) be, and the same is hereby, GRANTED;
2. Kerzner International Hotels Limited, Kerzner International Bahamas Limited, Kerzner International Resorts, Inc., Brookfield Asset Management, Inc., and Brookfield Hospitality Properties, LLC's Motion to Dismiss (D.E. 23) be, and the same is hereby, GRANTED;
3. Plaintiff's Amended Complaint (D.E. 5) be, and the same is hereby, DISMISSED with prejudice;
4. All pending motions are DENIED as moot; and
5. The Clerk shall CLOSE this case.
DONE and ORDERED in Chambers at the James Lawrence King Federal Justice Building and United States Courthouse in Miami, Florida, on this 23rd day of July, 2018.
Additionally, the K & B Defendants filed a Notice of Supplemental Authority (D.E. 42).
Reference
- Full Case Name
- Maura JEFFERS v. KERZNER INTERNATIONAL HOTELS LIMITED, a Bahamian company Kerzner International Bahamas Limited, a Bahamian company Kerzner International Resorts, Inc., a Florida corporation Harborside at Atlantis Development Limited, a Bahamian company Harborside at Atlantis Management Limited, a Bahamian company Harborside Resort Vacation Ownership Association Limited, a Bahamian company Brookfield Asset Management, Inc., a Canadian corporation Brookfield Hospitality Properties, LLC, a Delaware company Starwood Hotels & Resorts WorldWide, Inc., a Maryland corporation Vistana Signature Experiences, Inc., a Delaware corporation and Vistana Vacation Ownership, Inc., a Florida corporation.
- Cited By
- 8 cases
- Status
- Published