Mecum v. Host Marriott Corp., Slip Copy, 2005 WL 997320(E.D.Tex. Apr 25, 2005) (NO. 4:04CV260)
Judge: Paul Brown
Holding: Defendants' Motion to Dismiss Forum Non Conveniens DENIED
This is a personal injury case arising out of injuries the plaintiff sustained in an accident in a hotel swimming pool in Alberta, Canada. The defendants sought a dismissal on forum non conveniens grounds, forcing the case to be litigated in Canada. Judge Brown found that the threshold showing that the alternative forum be "adequate" was not met because the province of Alberta does not recognize a child's claim for loss of consortium as a result of wrongful injury to the child's parent. Accordingly, he found that he remedy afforded by that forum would be "clearly" unsatisfactory and therefore did not go on to the public & private factors analysis.