A settlement has been reached in a wrongful death lawsuit between a San Diego couple and the company behind a Mexico hotel from where their 1-year-old son fell from a balcony and died in 2021, court documents show.
A U.S. district judge for the Southern District of California on Monday granted a joint motion to dismiss the lawsuit between parents Anastasia Duboshina and James Carter and the Hyatt Hotels Corporation, which operates Hyatt Ziva in Puerto Vallarta, Mexico.
It was not disclosed what agreement the two parties had reached.
The Carter family was represented by CaseyGerry law firm. NBC San Diego reached out for comment about the settlement Wednesday but has not yet heard back. NBC San Diego also reached out to the Hyatt Hotels Corporation but has not yet received a response.
Get Connecticut local news, weather forecasts and entertainment stories to your inbox. Sign up for NBC Connecticut newsletters.
The lawsuit was filed in October 2023, nearly two years to the day that the Carmel Valley family's toddler, Nico, fell about nine stories from the balcony of the Hyatt Ziva. The family alleged in the now-dismissed lawsuit Nico fell through an opening where there was a missing piece of safety glass.
“Nico and I were in the elevator bay area kind of near our room and there’s a balcony area where you can look out toward the ocean,” Carter told NBC San Diego in October. “We’re on the ninth floor, and me and him were just talking, we’re looking out at the ocean and next thing you know he just disappeared.”
U.S. & World
The couple told NBC San Diego they selected the Hyatt because they had taken a trip to one of their properties in Miami a few months prior and praised its safety.
“We chose Hyatt specifically for their safety and because they were a child-friendly resort, and that’s exactly what we wanted to do, take our boy in a safe place with us and just enjoy the beach and have fun with him there,” Duboshina said.
