Defendants failed to meet high burden of showing that their interests outweighed the strong presumption in favor of the plaintiff’s forum choice.
This premises liability case arose from a slip-and-fall at a Mexican resort operated by Palace Resorts. The plaintiff filed her lawsuit in Miami-Dade County Circuit Court on the basis that the defendants were Delaware corporations domiciled in Florida and conducted business in the United States. The defendants moved to dismiss for forum non conveniens, and the trial court denied the motion. The appellate court affirmed, ruling that the defendants had failed to meet their high burden of showing that their interests outweighed the strong presumption in favor of the plaintiff’s forum choice.
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.