Cradduck v. Embassy Suites
The 4th Appellate District affirmed the Trial Court rulings in granting defendants’ Motion to Dismiss the case pursuant to section 581(I) based on plaintiff’s refusal and failure to appear for trial and for his failure to comply with local rules during trial. This case arises out of a premises liability case resulting from claimed burn injuries to skin and lungs while using the hot tub at the hotel. In his complaint, plaintiff claimed that the hotel owner and operator negligently maintained the chemical levels in the hot tub thereby exposing him to dangerous toxins. At trial, defendants stipulated to liability and proceeded to trial contesting causation and the extent of plaintiff’s claimed injuries. During trial, plaintiff and his counsel abandoned the case, made a motion for mistrial, then filed a 170.1/170.6 against the court.
Plaintiff appealed on several grounds.
The Appellate Court upheld the trial court’s ruling and awarded Respondents costs. The Opinion was published, and defendants prevailed on all issues.
