Facts

Husband and wife, Jacqueline and Rg Lutz, booked an African safari with tour operator, Brendan Vacations Inc., that was purchased through Vacations to Go, an Internet-based travel agency. The Lutzes, both international airline pilots, went with Raymond Mollica and his fiance. On the first day of the group's trip, they were confronted by two armed bandits while on a nature walk near their hotel in Arusha, Tanzania. The group and their nature guides were forced down to the ground and forced to give up their valuables. One gunman shot and killed one of the guides during the course of the robbery. The other guide wrestled and disarmed the other bandit. Two additional shots were fired, striking Mrs. Lutz and Mollica.

The Lutzes and Mollica sued Brendan Vacations Inc. for negligent misrepresentation and negligence.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that they believed all guides, drivers, and ground operators would be Brendan employees and that they never would have selected the trip otherwise. Plaintiffs also contended they were seasoned travelers and relied on Brendan's four decades of outstanding reputation in booking their trip. Plaintiffs further contended that the tour guide's action in disarming one of the bandits escalated the robbery and caused the other robber to shoot at the guides and tourists.

DEFENDANT'S CONTENTIONS:
Defendant contended that it did not misrepresent facts on its websites and that third-party operators were disclosed on the website and in travel documents. Further, that tour guides were well trained and experienced and there was no evidence as to why the other robber shot the guide and the tourists. Defendant also contended that there was no evidence of actual negligence by the nature guides. Defendant contended that it was not negligent.

Damages

Plaintiffs sought $3.5 million in total damages.

Injuries

A hotel van transported the tourists to a clinic. Brendan's "Flying Doctors" program then flew them to a hospital in Nairobi, Kenya. Mrs. Lutz, who was shot in the abdomen, was hospitalized for eight days. The bullet exited through her rectum. She underwent surgery, including a colostomy. Further, Mrs. Lutz was four months pregnant at the time, and the fetus did not survive due to the loss of amniotic fluid. She later had a bone fragment removed from her uterus. Her husband claimed negligent infliction of emotional distress and loss of consortium. He sought counseling upon his return to the states. The Lutzes both underwent counseling to address the traumatic incident and the loss of their child. Mollica was shot in the left calf and underwent surgery, followed-up by a course of physical therapy.

Result

The jury returned a verdict in favor of the defense and found that the defendant was not responsible for the incident.

Deliberation

four hours

Poll

12-0 (tour guide's negligence), 12-0 (Brendan's negligence), 12-0 (misrepresentation)

Length

two weeks