Gass v. Marriott Hotel Services

Plaintiffs, Elizabeth A. Gass and Deborah DeJonge, appeal the district courts grant of summary judgment to Defendants, Ecolab, Inc. ("Ecolab") and Marriott Hotel Services, Inc. ("Marriott"). Plaintiffs sued Defendants under Michigan law, claiming that they were poisoned by pesticides during their stay at a Marriott hotel in Maui, Hawaii. Plaintiffs allege that employees of Ecolab, which provides extermination services for Marriott, sprayed their belongings with an unknown pesticide and filled their hotel room with toxic vapors, causing Plaintiffs to become ill. The district court granted summary judgment to Defendants, holding that no reasonable jury could conclude that Defendants negligence caused Plaintiffs injuries. We disagree, and accordingly REVERSE the grant of summary judgment and REMAND this case to the district court for trial.