A San Diego couple whose toddler fell to his death in 2021 from the ninth-floor balcony of a Hyatt resort in Puerto Vallarta, Mexico, has settled a federal lawsuit against the hotel chain.
The terms of the settlement are confidential.
James Carter and Anastasia Duboshina’s lawsuit alleged that the death of their only child, Nico, was “entirely preventable.” Nico, who was just weeks shy of his second birthday, died Oct. 11, 2021, when he fell from a balcony that was missing a pane of glass at the Hyatt Ziva resort.
Robert Francavilla, the family’s attorney, declined to comment on the settlement. Attorneys representing the Hyatt Hotels Corporation and related Hyatt companies did not respond to messages seeking comment. The hotel chain also did not respond to messages seeking comment.
Unlike settlements involving public agencies, private entities typically keep settlement terms confidential.
The lawsuit, filed in October, had alleged wrongful death and negligent infliction of emotional distress. The suit, which sought unspecified damages, also alleged that Hyatt deceived the couple by misrepresenting that the Hyatt Ziva Puerto Vallarta, an independent entity, met the same high standards as other Hyatt properties.
Attorneys for the resort chain never responded directly to the claims that Nico’s death was preventable. Instead, they asked a federal judge in November to dismiss the lawsuit on jurisdictional grounds, arguing in part that the couple had signed an agreement when checking into the resort that any legal action resulting from their stay would fall under Mexican law.
“Everything to do with this alleged incident occurred in Mexico, and has nothing to do with the United States, let alone California,” the attorneys argued.
U.S. District Judge Cynthia Bashant had not yet ruled on that motion when attorneys from both sides filed a joint motion last week informing the court that they had “resolved all claims … by way of settlement” and wished to dismiss the lawsuit. Bashant signed off on the dismissal Monday.
