United States District Court, D. Connecticut
RULING AND ORDER ON DEFENDANT'S MOTION FOR
A. BOLDEN UNITED STATES DISTRICT JUDGE.
Juliano (“Plaintiff”) filed a Complaint in this
Court on June 29, 2017, alleging that Defendant Grand Hyatt
New York, Inc., and Edward Nieto d/b/a/ AV Group (together,
“Defendants”) negligently failed to maintain safe
premises at the Grand Hyatt ballroom and that such negligence
caused her compensable injuries. Compl. at 1-2, ECF No. 1. AV
Group has moved to dismiss. ECF No. 18. Since then, Ms.
Juliano has voluntarily dismissed AV Group from the case
under Federal Rule 41(a). Notice of Dismissal, ECF No. 36. In
addition, Grand Hyatt has filed a motion for summary
judgment. ECF No. 35.
following reasons, Grand Hyatt's motion for summary
judgment is GRANTED.
FACTUAL AND PROCEDURAL BACKGROUND
5, 2014, the Grand Hyatt, located at 109 East 42nd Street, in
New York, New York, hosted a dance competition and banquet.
Compl. ¶¶ 1, 7-8. Ms. Juliano alleges that she was
at the competition and banquet, and when it was her turn
“to appear on stage to address the audience, she got up
from her chair and approached the stage.” Id.
¶ 10. She alleges that her right foot got caught under
an audio-visual equipment wire, and that she fell forward
onto her hands and knees. Id. Ms. Juliano alleges
that Grand Hyatt's normal practice is to tape down the
wires to the floor, but on the day at issue, it failed to do
so. Id. ¶ 9.
Juliano alleges that the fall injured her right knee.
Id. ¶ 11. Specifically, the injury consisted of
a large hematoma, a medial meniscal tear, a stress
insufficiency fracture of the medial femoral condyle, and
synovitis. Id. Ms. Juliano claims that the injury
required surgery, extended medical treatment, and physical
therapy. Id. Ms. Juliano also claims she suffered
from excruciating pain that restricted her ability to work
and to conduct her typical activities. Id. ¶
12. Ms. Juliano claims that, as a result of the injury, she
now has a disability accompanied by daily pain and
Juliano filed a Complaint on June 29, 2017, against Grand
Hyatt and Edward Nieto d/b/a/ AV Group. Compl. ¶¶
2-4. Ms. Juliano claimed that Grand Hyatt acted negligently
by failing to provide reasonably safe facilities in its
reception room / ballroom (Count One). Compl. at 4. She also
claimed that Grand Hyatt was grossly negligent in failing to
provide reasonably safe facilities, as they acted with a
wanton, willful, and reckless disregard for the safety of its
guests (Count Two). Id. at 5-6.
Juliano also claimed that AV Group, a “professional
audio and visual company that provides services and equipment
for dance competitions, entertainment and corporate events,
” acted negligently by failing to “leave the
premises in a reasonably safe condition after installing his
electronic and electronic and electrical equipment” in
the ballroom and reception area (Count Three). Id.
at 2, 6.
Juliano sought $500, 000.00 in damages, along with any
punitive damages proven at trial. Id. at 7.
31, 2017, Grand Hyatt filed an Answer with affirmative
defenses, including that this Court does not have personal
jurisdiction over Grand Hyatt. Answer at 5-8, ECF No. 13.
Hyatt also asserted two cross-claims against AV Group. First,
Grand Hyatt claimed that it had the right to recover from AV
Group for all of any verdict against it on the basis of
contractual and/or common-law indemnification. Id.
at 8. Second, Grand Hyatt claimed that it is entitled to
contribution on the basis of apportionment from AV Group.
August 4, 2017, Grand Hyatt filed a third-party Complaint
against Sheer Talent Ltd. ECF No. 14.
August 18, 2017, AV Group filed a motion to dismiss under
Federal Rule of Civil Procedure 12(b)(2), (3), and (5). Mot.
Dismiss at 1.
November 21, 2017, Ms. Juliano filed a notice of voluntary
dismissal under Federal Rule 41(a)(1)(A)(i) as to only AV
Group. Notice of Dismissal. Ms. Juliano asserted that
dismissal was proper because AV Group had not filed an Answer
or a motion for summary judgment. Id. AV Group was
terminated on November 21, 2017.