HMB Obtains Dismissal of Florida Personal Injury Claim on Application of Foreign Statute of Limitations

Plaintiff Sterling Wooten alleged he was injured during his stay at a hotel property located in Las Vegas, Nevada when a poolside table was picked up by the wind and struck Plaintiff. Mr. Wooten claimed hotel failed to maintain its hotel property in a reasonably safe condition and that it failed to properly secure the tables or warn of the potential dangers in windy conditions. Plaintiff filed suit in Nevada, Missouri, and Florida. Mr. Wooten’s case against Hilton was filed more than 2 years after the date of loss, but before the 4 year Florida Statute of Limitations expired. Schuyler A. Smith and Jamie Kainalu Nakoa successfully argued Florida’s borrowing statute required the application of Nevada’s 2-year Statute of Limitations and required the dismissal of Plaintiff’s claim securing the dismissal of his complaint.