Representing The Ritz-Carlton Hotel Company, Rankin attorneys Maria Lampasona and Nima Aminian successfully moved for summary judgment on behalf of the hotel in a high-profile federal matter in which the Plaintiffs “Jane and John Doe” alleged that an employee of the Ritz-Carlton intentionally defiled a water bottle delivered to their room, which was then consumed by Jane Doe. Defendant successfully argued that there was no material dispute that an employee of the hotel did not contaminate the subject water bottle or that the hotel was liable for Jane Doe’s consumption of the same. In doing so, Defendant successfully warded off Plaintiffs’ argument for vicarious liability pursuant to the doctrine of Res Ipsa Loquitur, noting Plaintiff’s failure to set forth admissible evidence proving the hotel’s exclusive control of the subject water bottle. The Court agreed with Defendant on all fronts, and found that the Ritz-Carlton was not liable under any theory, vicarious or direct.
This is a matter that received media coverage and was based on highly charged allegations targeting one of the most well-regarded hotels in Northern California. In addition to securing complete dismissal of the matter on the merits, Defendant’s motion served to set forth undisputed evidence of the hotel’s investigative efforts and cooperation with law enforcement subsequent to the alleged incident, as well as its food and safety practices, all of which were mischaracterized by Plaintiffs both in their pleadings and in their counsel’s statements to the media, and which Defendant demonstrated to be completely unsubstantiated.