The couple's 1-year-old fell about nine stories off a balcony at the Hyatt Ziva Puerto Vallarta in Mexico in Oct. 2021.
A settlement has been reached in a wrongful death lawsuit between a San Diego couple and the company behind a Mexico hotel from where their 1-year-old son fell from a balcony in 2021, court documents show.
A U.S. district judge for the Southern District of California on Monday granted a joint motion to dismiss the lawsuit between parents Anastasia Duboshina and James Carter and the Hyatt Hotels Corporation, which operates Hyatt Ziva in Puerto Vallarta, Mexico.The Carter family was represented by CaseyGerry law firm. NBC 7 reached out for comment about the settlement Wednesday but has not yet heard back. NBC 7 also reached out to the Hyatt Hotels Corporation but has not yet received a response.
The couple told NBC 7's Dana Williams their life was forever changed by the tragedy during what was supposed to be a memorable vacation. “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,” Carter told NBC 7 in October. “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 told NBC 7 they selected the Hyatt because they had taken a trip to one of their properties in Miami a few months prior and praised its safety.
“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 said.
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