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Business Organizations Keyed to Chasalow, 3rd Ed.
Gardemal v. Westin Hotel Co.
Citation:
186 F.3d 588 (1999)Facts
In June 1995, Lisa Gardemal and her husband John, a physician, traveled to Cabo San Lucas, Mexico, to attend a medical seminar at the Westin Regina Resort. The resort was owned by a Mexican company (DTI) and managed by Westin Mexico, a subsidiary of Westin Hotel Company. During their stay, the Gardemals and other guests decided to go snorkeling. The hotel concierge directed them to “Lovers Beach,” which was known for dangerous surf conditions. While at the beach, five men, including John Gardemal, were swept into the Pacific Ocean by a rogue wave and thrown against rocks. John Gardemal drowned. Lisa Gardemal sued both Westin and Westin Mexico, alleging negligence for directing them to the dangerous beach without warnings. She sought to hold Westin liable under alter ego and single business enterprise theories, and claimed the Texas court had jurisdiction over Westin Mexico.
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