Facts

Sharon Shubin, an individual domiciled in Idaho, brought an action against Universal Vacation Club (UVC), a vacation ownership management company serving as the homeowners' association for Villa Group and Villa del Arco. UVC's members are owners of timeshare interests in approved affiliate resorts, including a resort in Cabo San Lucas, Mexico. Shubin was a Gold Member with the UVC and reserved a stay at the resort for November 2019.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that upon her arrival, she was shown to her suite, which was equipped with a heavy wall bed (the murphy bed). The murphy bed contained lifting components which folded up into the wall when not in use. Plaintiff was in her suite lowering the murphy bed when it fell out of the wall and landed on the lower part of her body. As a result of the incident, plaintiff sustained leg injuries and received medical services at a hospital in Mexico and later at a hospital in Idaho. Plaintiff asserted a claim for breach of warranty, arguing that the agreement outlining plaintiff's membership warranted that the furniture in plaintiff's room was fit for use and occupation.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

The court granted defendant's motion to dismiss plaintiff's breach of warranty claim without leave to amend.