Case of the Day: Clay v. Hilton
The case of the day is Clay v. Hilton Worldwide Holdings, Inc. (W.D. Wash. 2020). Clay was in Phuket, Thailand, for a business conference. When he was strode on the stage during his presentation, he tripped and fell, suffering a serious injury. He sued the company that owned the hotel and the company that managed it for negligence in a Thai court. The case went to trial, but Clay didn’t attend, because his doctors had not yet cleared him for international travel. The Thai court refused to continue the trial as Clay had asked. Clay presented his evidence in writing only. The defendants did present witnesses, but Clay’s lawyers did not cross-examine them or present any witnesses of their own. The court held that Clay had failed to put on evidence to prove negligence and therefore entered a judgment in favor of the defendants. Clay then brought an action against Hilton in Washington. Hilton moved for summary judgment, arguing that the Thai judgment was entitled to claim-preclusive and issue-preclusive effect. (more…)