Fasang-Brown v. Visit Us, Inc.
Texas residents injured in a slip and fall at a Jamaican resort sued a Miami-based Iberostar affiliate (Visit Us, Inc.) on a joint-venture theory; the trial court dismissed for forum non conveniens. The Third District affirmed, holding that a defendant's Florida residency is only one factor in the Kinney analysis and does not bar dismissal where the private and public interest factors strongly favor the foreign forum.
Key facts
- Texas residents injured in a slip and fall at a Jamaican resort sued a Miami-based Iberostar affiliate (Visit Us, Inc.) on a joint-venture theory alleging the defendant was responsible for the accident.
- The trial court dismissed the case for forum non conveniens, finding Jamaica to be the more convenient forum despite the defendant's Florida residency.
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Why it matters
This is one of the relatively rare Florida decisions affirming forum non conveniens dismissal in favor of a defendant domiciled in the plaintiff's chosen forum, confirming that Cortez does not create a per se bar where… — full analysis with a trial
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