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| WFB&M's handling of travel cases includes the representation of travel agencies, tour operators, tour leaders and cruise lines. Listed below is a limited sample of travel litigation that WFB&M has handled. |
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SAMPLE OF LITIGATION
Bailey v. Travel Agency, Sacramento County Superior Court,
Case No. 99AS05338
Represented tour operator and travel agency in action wherein plaintiff claimed personal injuries arising from collapse of her airline seat. Travel agent and tour operator dismissed by plaintiff after filing demurrer.
Bakshi v. Toru Operator, Alameda Superior Court,
Case No. FG06-265930
Represented tour operator and travel insurance carrier in action where plaintiff alleged causes of action from breach of contract and deceit arising out of travel agent’s bookings of a trip to Eastern Europe. Case settled for nuisance value.
Biagini v. Tour Operator, San Francisco County Superior Court,
Case No. 310798
Represented tour operator in action wherein plaintiff claimed personal injuries which allegedly resulted from tour operator's negligent planning of a convention. Negotiated dismissal with prejudice in exchange for a waiver of costs.
Brabant v. Travel Agent, Orange County Municipal Court,
Case No. 022335
Represented travel agent in action wherein plaintiffs alleged negligence and breach of contract arising out of travel agent's booking of four week vacation in Greece and Italy. Negotiated dismissal with prejudice as to all claims in exchange for a waiver of costs.
Brown v. Travel Agency, Orange County Superior Court,
Case No. 00CC10141
Represented travel agency in action wherein plaintiff alleged causes of action for fraud and breach of contract after hotel reservations on European excursion were not honored. Demurrer sustained and motion to dismiss granted after plaintiff's failure to amend complaint.
Caplan, et al. v. Tour Operator, Santa Cruz County Superior Court,
Case No. CV135848
Represented tour operator in action wherein plaintiff claimed severe head injury while participating in tour of Galapagos Islands. Motion for summary judgment granted and decision affirmed on appeal.
Chiang v. Tour Operator, Los Angeles Superior Court,
Case No. LC068333
Represented tour operator in action wherein plaintiff sustained injuries after tripping over a cable aboard cruise ship. Case settled for nuisance value.
Combs v. Travel Agency, Alameda Superior Court,
Case No. HG03-110739
Represented travel agency in action where plaintiff alleged cause of action for negligence after falling from the stairs while disembarking the aircraft. Plaintiff alleged that agency failed to accurately and adequately advice plaintiff as to the nature and type of aircraft she would be flying, causing her to suffer a severe anxiety reaction. Case settled for nuisance value.
DeGuzman, et al. v. Travel Agency, Contra Costa Superior Court,
Case No. SCC07-0584
Advised travel agency in defending multiple small claims actions in which plaintiffs claimed agency negligently failed to inform plaintiffs of requisite visa requirements, resulting in cruise carrier denying boarding. Court entered judgments for defendant in all cases.
Fattani v. Tour Operator, Los Angeles County Municipal Court,
Case No. 98E06913
Represented tour operator in action wherein plaintiff claimed negligence and breach of contract. Demurrer sustained without leave to amend as to all causes of action.
Forte v. Tour Operator, San Francisco County Superior Court,
Case No. 314052
Represented tour operator in action wherein plaintiff sought to recover for injuries allegedly sustained when she alighted from a cruise liner onto a pier in Martinique. Negotiated dismissal in exchange for waiver of costs.
Frank v. Tour Operator, Orange County Superior Court,
Case No. 00CL001883
Represented tour operator and cruise line in action wherein plaintiff claimed fraud in connection with representations made about cruise. Negotiated dismissal with prejudice in exchange for waiver of costs after filing demurrer.
Fujisaki v. Tour Operator, Los Angeles Superior Court,
Case No. YC047559
Represented tour operator in action wherein plaintiff claimed severe injuries after a crash landing during takeoff in passenger sightseeing plane. Tour operator settled early in the litigation for a fraction of the amount being sought by plaintiff.
Globus Travel, Inc. v. Tour Operator, San Diego County Superior Court,
Case No. GIC843318
Represented tour operator in action wherein plaintiff claimed failure to provide agreed-to travel arrangements, resulting in loss of good will to its business and actual loss of customers. Causes of action asserted for fraud and negligent misrepresentation, conversion and breach of the covenant of good faith and fair dealing. Motion to stay or dismiss plaintiff’s action granted.
Heikes, et al. v. Tour Operator, Santa Barbara County Superior Court,
Case No. 226932
Represented tour operator in action wherein plaintiffs claimed negligence against the tour operator in connection with booking cruise of the South Pacific. Motion to quash for lack of personal jurisdiction granted.
Hoffman, et al. v. Tour Operator, Sacramento County Superior Court,
Case No. 00AS06033
Represented tour operator in action wherein plaintiff sued travel agent for negligence arising out of injuries plaintiff sustained when burning alcohol was propelled off a bar top at resort in Jamaica. Plaintiff dismissed tour operator after tour operator filed demurrer.
Horner v. Tour Operator, Northern District Court,
Case No. C-9820632RMW
Represented tour operator in action wherein plaintiff claimed personal injuries arising out of incentive trip. Negotiated dismissal with prejudice in exchange for a waiver of costs after filing motion for summary judgment.
Ingram v. Tour Operator, Orange County Superior Court,
Case No. 765049
Represented tour operator and tour leader in action wherein plaintiff claimed personal injuries from fall in Beijing Airport and asserted causes of action for negligence, fraud and breach of contract. Summary judgment granted as to all causes of action against all defendants.
Kang Family Partners v. Tour Operator, Santa Barbara County Superior Court,
Case No. SM114996
Represented tour operator in action wherein plaintiff claimed breach of contract in connection with tour promoted by tour operator. Negotiated dismissal in exchange for a waiver of costs.
Lipton v. Travel Agency, Los Angeles County Municipal Court,
Case No. 96C01517
Represented travel agency in connection with action wherein plaintiff alleged inadequate accommodations at ski lodge. Negotiated dismissal with prejudice in exchange for waiver of costs.
Mantooth v. Tour Operator, Northern District Court,
Case No. C98-04823MMC
Represented tour operator in action wherein a blind plaintiff claimed tour operator violated the Americans with Disabilities Act. Summary judgment granted as to all causes of action.
Markowitz v. Tour Operator, San Francisco County Superior Court,
Case No. 401448
Represented tour operator in action brought by plaintiff for personal injuries allegedly suffered at hotel in Thailand. Negotiated dismissal in exchange for waiver of costs.
Mollin, et al. v. Travel Agency, Los Angeles County Municipal Court,
Case No. 97T05015
Represented travel agency and tour operator in action wherein plaintiffs claimed personal injuries while participating in a tour of Ireland. Negotiated dismissal with prejudice in exchange for waiver of costs after demurrer filed.
Morrow, et al. v. Tour Operator, San Diego County Superior Court,
Case No. 721640
Represented tour operator in action wherein minor plaintiff claimed personal injuries in connection with tour. Motion for summary judgment granted.
O'Keefe v. Tour Operator, Northern District Court,
Case No. C97-01225VRW
Represented tour operator in action wherein plaintiff claimed that she was raped on a cruise ship. Summary judgment granted as to all causes of action.
Olsen v. Travel Agent, Nevada County Superior Court,
Case No. L66834
Represented travel agent in action wherein plaintiffs alleged causes of action for breach of contract, common counts and fraud after tour operator failed to refund fees paid by plaintiffs for tour that they cancelled. Motion for summary judgment granted.
Pastor v. Tour Operator, Central District Court,
Case No. CV99-02062RSWL
Represented tour operator in action wherein minor plaintiff claimed personal injuries arising from tour operator's alleged negligence. Motion to dismiss granted based on forum selection clause in tour operator's brochure.
Perlman v. Tour Operator, San Bernardino County Superior Court,
Case No. CIVSS709574
Represented tour operator in personal injury action involving claims of negligent misrepresentation of the safety level of the travel program and negligent selection of the activity venue. Motion for summary judgment granted.
Pfefferkorn v. Tour Operator, Los Angeles Superior Court,
Case No. 04E00901
Represented tour operator in action wherein plaintiff claimed failure to provide tour arrangements for group traveling in Italy, resulting in economic damages and injury to reputation arising from breach of contract. Case settled for nuisance value.
Prado v. Tour Operator, Eastern District Court,
Case No. CIV S-02-285 DFL JFN
Represented tour operator in wrongful death action wherein plaintiffs alleged multiple causes of action after decedent fell to her death from a balcony in Cancun, Mexico. Motion for summary judgment granted. Negotiated dismissal with prejudice of appeal in exchange for waiver of costs.
Ramage v. Tour Operator, Central District Court,
Case No. SA CV96-789AHS
Represented tour operator and local ground handler in action wherein plaintiff claimed head injuries arising from alleged negligence by tour operator and local ground handler. Summary judgment granted as to all causes of action against tour operator; motion to dismiss granted for lack of personal jurisdiction over local ground handler.
Roadsters of LA v. Travel Agent, Los Angeles County Superior Court,
Case No. BC280931
Represented travel agent in action wherein plaintiff asserted causes of action for breach of contract, common counts and negligence following cancellation of cruise due to cruise line's bankruptcy. Motion for summary judgment granted.
Ruiz v. Tour Operator, Napa County Superior Court,
Case No. 26-30127
Represented adventure tour operator in action wherein plaintiff alleged cause of action for negligence, alleging that she sustained injuries after falling from her bicycle while on a bicycle tour of the wine country. Case settled for nuisance value.
Sherman v. Tour Operator, Orange County Municipal Court,
Case No. 012641
Represented tour operator in personal injury and breach of contract action wherein plaintiffs alleged inadequate accommodations and exposure to toxic fumes while staying in hotel in Mexico. Demurrer sustained without leave to amend as to all causes of action against tour operator.
Speed v. Travel Agency, Los Angeles County Superior Court,
Case No. YC034842
Represented travel agency in connection with action wherein plaintiffs alleged personal injuries while exiting airport shuttle. Negotiated dismissal with prejudice for tour operator in exchange for waiver of costs.
Toren, et al. v. Travel Agent, Northern District Court,
Case No. C01-20295 RMW
Represented travel agent in action wherein plaintiffs sued for wrongful death and negligence for injuries arising from drowning death of decedent during snorkel excursion. Motion for summary judgment granted.
Washington v. Tour Operator, Los Angeles County Superior Court,
Case No. LC056588
Represented tour operator in action wherein plaintiff alleged a cause of action for negligence resulting in injuries from a motorcoach accident during tour of Lompoc Flower Fields. Motion for summary judgment granted.
PUBLISHED DECISIONS
Ramage v. Forbes International,
et al.. 987
F. Supp. 810 (CD Cal. 1997)
O'Keefe v. Inca Floats.
Inc.. 1998 A.M.C. 645, 1997 WL 703 784,
1999 U.S. Dist. LEXIS 170 88 (N.D. Cal. 1997)
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