Frummer v. Hilton Hotels Int'l, Inc. (“Frummer II”)
New York Supreme Court
304 N.Y.S.2d 335, 60 Misc. 2d 840 (1969)
- Written by Whitney Waldenberg, JD
Facts
Jack Frummer (plaintiff) was injured in his hotel room at the London Hilton Hotel while attempting to take a shower. Frummer sued Hilton Hotels (U.K.) Ltd. (Hilton UK) (defendant), a British corporation, in New York state court. In accordance with the New York law of contributory negligence, the trial court instructed the jury that if there was any negligence on the part of Frummer that contributed to his accident, the jury must return a verdict in favor of Hilton UK. The jury subsequently returned a verdict in favor of Hilton UK, and Frummer moved to set aside the verdict. In reviewing the motion, the court considered whether the jury should have been instructed to apply England’s law of comparative negligence instead of New York’s law of contributory negligence.
Rule of Law
Issue
Holding and Reasoning (Mangano, J.)
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