Woman Gets OK to Sue O.C. Hotel in Massachusetts

A Massachusetts woman who slipped and fell in a bathtub in an Anaheim hotel room can sue the hotel owner in Massachusetts, the state Supreme Judicial Court ruled Thursday.

The ruling was hailed by the woman’s lawyer, who said it would make it easier for Massachusetts residents to sue out-of-state corporations.

“This is a sweeping victory for Massachusetts plaintiffs,” said Wendy Sibbison, the attorney.

The plaintiff, Claire Tatro, attended a conference in 1988 at the Quality Hotel and Conference Center in Anaheim. Tatro said that during her stay, she slipped in the bathtub, hurting her back. The injury required surgery, resulting in medical bills totaling $20,000.

In 1990, Tatro filed suit against the hotel’s parent firm, Manor Care Inc., in Hampden County Superior Court. But a judge sided with Manor Care’s motion to dismiss the suit, arguing that the Massachusetts court had no jurisdiction over the company in this case.

But the high court disagreed.

In its unanimous opinion, the court said the hotel conducted business in Massachusetts by seeking customers from this state and by entering a reservation contract with Tatro.

Furthermore, the court said the woman’s complaint arose from the hotel’s transaction of business in Massachusetts.

If the defendant had not been soliciting business in Massachusetts and had not agreed to provide Tatro with accommodations, “the plaintiff would not have been injured in a room of the hotel,” the court said.

Sibbison said plaintiffs need the ability to file such lawsuits in their home states because it can be difficult and expensive for them to travel across the country to pursue their claims. Also, she said the plaintiffs’ Massachusetts lawyers might not be familiar enough with the laws in other states, putting them at a disadvantage.

By forcing the plaintiff to file suit outside Massachusetts, “the defendant holds the cards,” she said.

The high court echoed this sentiment, saying the hotel has the resources to defend itself in Massachusetts.