A resolution has been reached in a wrongful death lawsuit involving a San Diego couple and the management company of a Mexican hotel, stemming from a tragic incident in 2021 where their 1-year-old son fell from a balcony, as indicated by court documents.
Per court records, a U.S. district judge presiding over the Southern District of California granted a joint motion to dismiss the lawsuit between Anastasia Duboshina, James Carter, and Hyatt Hotels Corporation, the operator of the Hyatt Ziva in Puerto Vallarta, Mexico.
Details of the settlement agreement were not disclosed to the public.
The legal representation for the Carter family was provided by the CaseyGerry law firm. Despite efforts by NBC 7 to obtain commentary regarding the resolution, no response has been received from either the Carter family’s representatives or Hyatt Hotels Corporation as of Wednesday.
The lawsuit was initiated in October 2023, marking nearly two years from the unfortunate incident where the Carter family’s toddler, Nico, fell approximately nine stories from the balcony of the Hyatt Ziva. Allegations in the lawsuit, now withdrawn, suggested that Nico fell through an area lacking safety glass.
Describing the incident, James Carter recounted to NBC 7 in October, “Nico and I were in the elevator bay area kind of near our room and there’s a balcony area where you can look out toward the ocean. We’re on the ninth floor, and me and him were just talking, we’re looking out at the ocean and next thing you know he just disappeared.”
The couple emphasized their selection of the Hyatt Ziva based on its safety reputation, particularly after a positive experience at one of the chain’s properties in Miami. “We chose Hyatt specifically for their safety and because they were a child-friendly resort, and that’s exactly what we wanted to do, take our boy in a safe place with us and just enjoy the beach and have fun with him there,” Duboshina remarked.
