Mu v. Omni Hotels Management Corp., No. 16-2293 (1st Cir. 2018)Annotate this Case
The First Circuit reversed the district court’s order granting summary judgment to Appellee Omni Hotels Management Corporation (“Omni”) in this negligence action brought by Appellant Henry Mu. Mu was assaulted by an unidentified group of individuals in the lobby of the Omni Providence Hotel, which Omni operated. The district court granted summary judgment in favor of Omni, ruling that Omni owed Plaintiff no legal duty, Plaintiff failed to make out the relevant standard of care and show a breach of that standard, Plaintiff failed to show causation, and Plaintiff’s allegations of evidentiary spoliation did not warrant a negative inference in his favor. The First Circuit disagreed, holding that Plaintiff’s negligence claim was sufficient to survive summary judgment.
The court issued a subsequent related opinion or order on March 20, 2018.