Plaintiffs Bruce and Renee Fallhowe (the Fallhowes) are residents of Colorado. Hilton Worldwide, Inc. (Hilton) is a Virginia corporation that owns the Hilton Los Cabos in Cabo San Lucas, Mexico. The Fallhowes were guests at the Hilton Los Cabos in November 2013. The Fallhowes sustained serious injuries as a result of exposure to fumigants which had been sprayed in an adjoining employee room.
The Fallhowes filed a lawsuit in Colorado against Hilton asserting claims of negligence and strict liability. Hilton claimed that, given the fact that the injury occurred in Mexico and that all witnesses were located there, the court should dismiss the action on forum non conveniens grounds. The court was required to determine the adequacy of Mexico as a forum for the lawsuit and evaluate the application of public and private interest factors.
1. What were the court's reasons for applying forum non conveniens to the case and requiring refiling of the litigation in Mexico?
2. Does the court's opinion reward Hilton at the expense of the Fallhowes by requiring them to file their lawsuit in Mexico when both the plaintiffs and defendant are based in the United States?
3. Would the outcome of this case change if the political situation in Mexico became unstable? Should it change under such circumstances? Why or why not?