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Lutz, et al. v Brendan Tours, Inc., et al.


A downtown Los Angeles jury entered a defense verdict in favor of our client, an American tour operator. Two couples, including the three plaintiffs, booked an African photo safari with the defendant tour operator through an internet-based travel agency. On a nature hike in Tanzania near plaintiff’s hotel, two armed bandits confronted and began to rob plaintiffs and the other tourists. One guide was shot by a bandit. As the other guide wrestled and disarmed the other bandit, two more shots were fired striking two of the plaintiffs. Plaintiffs argued that they believed all guides were employed by the tour operator and they would not have otherwise selected the trip. They also argued that the actions of the second guide escalated the incident. We argued that our client did not misrepresent any facts on the website, that there was no reasonable reliance, that the guides were well-trained, that there was no evidence of why the robber shot the guide and tourists, or any evidence of actual negligence. The jury agreed and found defendant was not responsible for the incident or plaintiff’s damages. We also successfully recovered costs and expert fees for our client.


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