McReynolds v. RIU Resorts and Hotels, S.A.

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McReynolds v. RIU Resorts and Hotels, S.A.

Case Number
S-15-0423
Call Date
March 1, 2016
Court Number
Douglas
Case Summary

S-15-0423, Jeannette L. McReynolds (Appellants) v. RIU Resorts and Hotels, S.A., RIU Resort and Hotel of Nuevo Vallarta, Inc., The Mark Travel Corporation d/b/a Funjet Vacations, and Ultimate Cruise and Vacation, Inc.

Douglas County, Hon. J. Michael Coffey

Attorneys: James R. Place (Place Law Office) ' Timothy J. McReynolds (McReynolds Law Firm); Dan H. Ketcham and Sara K. Houston (Engles, Ketcham, Olson & Keith, P.C.)

Civil: Negligence; Breach of Contract

Proceedings below: Jeannette McReynolds filed a complaint in Douglas County district court against four defendant companies for the theft of her jewelry while she was on vacation. The district court entered default judgment against the hotel and its parent company. The district court granted summary judgment in favor of the vacation package providers: The Mark Travel Corporation d/b/a Funjet Vacations (Funjet) and Ultimate Cruise and Vacation, Inc. (Ultimate). McReynolds appeals the summary judgment.

Issues: 1. The District Court erred in granting Appellee's Amended Motion for Summary Judgment because material issue(s) of fact(s) exist with respect to the nature of the services provided by Appellee, the resulting duty owed by Appellee to Appellant based on the disputed nature of the services provided, the duty owed by Appellee to Appellant resulting from Appellee's possession of superior knowledge with respect to the facilities and operations of the vacation resort in Puerto Vallarta, Mexico and the resulting negligence of Appellee in failing to disclose pertinent and critical information to Appellant prior to the herein vacation. 2. The District Court erred in granting the Appellee's Amended Motion for Summary Judgment because material issue(s) of fact(s) exist with respect to the nature of the services required to be provided by Appellees, the resulting duty owed by Appellee to Appellant based on the disputed nature of the services, the duty owed by Appellee to Appellant resulting from Appellee's possession of superior knowledge with respect to the facilities and operations of the vacation resort in Puerto Vallarta, Mexico and the resulting breach of contract by Appellee in failing to disclose pertinent and critical information to Appellant prior to the herein vacation.