Costa Rica Tour Operator Dismissed from Litigation
Obtained a stipulation of dismissal for a tour operator specializing in tours to Costa Rica in a personal injury matter in the Eastern District of Pennsylvania. The plaintiffs alleged numerous physical injuries, including a skull fracture to one plaintiff, as a result of a motor vehicle accident at the resort. After filing two Rule 12 motions on the basis that the allegations were not pled with the required specificity and that the plaintiffs failed to plead a claim as to the tour operator upon which relief could be granted, the judge entered an order indicating that the plaintiff had a limited time period to conduct discovery on the issue as to whether the tour operator knew, or should have known, that the motor vehicle safety concerns existed at the area of the resort. Counsel for the plaintiffs conducted the depositions of the tour operator witnesses and subsequently agreed to dismiss all claims against the tour operator, with prejudice. Ultimately, the judge assessed $4.5 million in damages to the remaining defendants.