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Lackey v. Disney Vacation Dev., Inc.

United States District Court, D. Arizona

April 1, 2015

MICHAEL LACKEY and KALIN LACKEY, husband and wife, Plaintiffs,
v.
DISNEY VACATION DEVELOPMENT, INC., et al., Defendants

For Michael Lackey, husband, Kalin Lackey, wife, Plaintiffs: Sal James Rivera, LEAD ATTORNEY, Rivera Law Group PC, Phoenix, AZ.

For Disney Vacation Development Incorporated, Disney Vacation Club Hawaiian Management Company LLC, Defendants: Amanda Christine Sheridan, LEAD ATTORNEY, Snell & Wilmer LLP - Phoenix, AZ, Phoenix, AZ; Warren E Platt, LEAD ATTORNEY, Snell & Wilmer LLP, Phoenix, AZ.

Page 850

ORDER

H. Russel Holland, United States District Judge.

Motion for Summary Judgment

Defendants move for summary judgment.[1] This motion is opposed.[2] Oral argument was requested and has been heard.

Facts

Plaintiffs are Michael and Kalin Lackey. Defendants are Disney Vacation Development, Inc. and Disney Vacation Club Hawaii Management Company, LLC.

On October 15, 2011, plaintiffs flew from Arizona to Portland, Oregon, where they stayed overnight at the Ramada Airport Hotel. The next day, on October 16, 2011, plaintiffs flew to Honolulu, Hawaii. Upon arrival in Honolulu, plaintiffs checked in to the Aulani, a Disney Resort and Spa, which had opened on August 29, 2011.

Plaintiffs stayed at the Aulani until October 21, 2011. While there, plaintiffs changed rooms three different times because, as Mrs. Lackey explained, the Aulani " didn't have openings continually in one

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room, so we had to switch to whatever they had available to fit our schedule." [3] Each time plaintiffs switched rooms, they packed their own bags and handed them to the bellman for transfer to their new room.[4] Plaintiffs never saw a spider or any other bugs in any of the rooms in which they stayed.[5] During their visit, plaintiffs spent time off the Aulani property.

On the morning of their departure, Mr. Lackey noticed a small red mark on his right middle finger, which felt like it was tingling. Plaintiffs thought it looked like a bug bite. Plaintiffs did not mention the mark to any employee of the Aulani.

On October 21, 2011, plaintiffs stayed overnight in Portland, Oregon and then flew home to Phoenix on October 22, 2011. Over the next two days, Mr. Lackey's finger began to swell and became redder. On Monday, October 24, 2011, Mr. Lackey saw his primary care provider, Dr. Deb Grischo. Mr. Lackey testified that Dr. Grischo told him that he had " some kind of a bite, it could be a possible infection. She took a culture of it and put me on ...


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