San Diego couple whose toddler died from fall at Mexican Hyatt settles lawsuit

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James Carter and Anastasia Duboshina with an image of their son, Nico Carter, in October at the office of their attorney. (Alejandro Tamayo/The San Diego Union-Tribune)

A San Diego couple whose toddler fell to his death in 2021 from the ninth-floor balcony of a Hyatt resort in Puerto Vallarta, Mexico, has settled a federal lawsuit against the hotel chain.

The terms of the settlement are confidential.

James Carter and Anastasia Duboshina’s lawsuit alleged that the death of their only child, Nico, was “entirely preventable.” Nico, who was just weeks shy of his second birthday, died Oct. 11, 2021, when he fell from a balcony that was missing a pane of glass at the Hyatt Ziva resort.

Robert Francavilla, the family’s attorney, declined to comment on the settlement. Attorneys representing the Hyatt Hotels Corporation and related Hyatt companies did not respond to messages seeking comment. The hotel chain also did not respond to messages seeking comment.

Unlike settlements involving public agencies, private entities typically keep settlement terms confidential.

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