A federal judge in Puerto Rico says the parties to a personal injury lawsuit should make a good faith effort at reaching a Hilton personal injury settlement while the defendants’ motions for summary judgment remain pending.

U.S. District Judge Daniel Dominguez has refused to change the settlement conference date despite bids made by defendants El Conquistador Waldorf Astoria resort, a Hilton resort, and snorkeling gear company Casa del Mar Inc.

Plaintiffs in the lawsuit allege their family memer George H. drowned because of insufficient safety equipment provided by the resort and equipment company. The companies submitted bids for summary judgment in lieu of reaching a Hilton personal injury settlement.

According to the plaintiffs, George and his family visited the Hilton resort in 2013 and rented snorkeling equipment there. Based on the alleged recommendation of a Casa del Mar employee, they then dove off the resort’s private island and began swimming toward a smaller island around 500 yards offshore.

Allegedly, George was not given proper safety equipment for the dive. During the dive, George allegedly inhaled water and drowned. He was found by his family unresponsive and foaming at the mouth.

In 2017, George’s family filed a complaint against the Hilton resort, the resort’s management, Casa del Mar, and the resort’s insurer, Zurich American Insurance. George’s family argues that the Hilton resort did not have trained personnel or proper equipment on hand to save George and that his death was a result of negligence.

The family also argued that the resort failed to warn George and his family of hazardous ocean conditions. They point out that the National Weather Service for the area had issued a coastal hazard message saying that “inexperienced surfers and swimmers should stay out of the water until these dangerous surf conditions subside”.

In their bid for summary judgment, the Hilton resort argued that George was rescued by a Red Cross lifeguard, given CPR, and treated with an automated external defibrillator. Casa del Mar allegedly made similar claims, stating that the water conditions were not dangerous, with two-foot waves and no undertow. The company also claimed that George declined renting a flotation belt with his equipment and signed a liability release.

“The court encourages the parties to tend to the matters in the instant case with maturity and prudence to recognize whether reaching a settlement agreement is appropriate to resolve the controversies at hand,” Judge Dominguez stated in his response to the companies’ bids.

The family opposed the two summary judgment bids, alleging that the companies’ claims were not true. Judge Dominguez has urged the companies to settle the sensitive lawsuit and believes that all parties should attend the Hilton personal injury settlement conference before he will consider the bids for summary judgment.

Personal injury cases generally address any injuries caused by the negligence of another person or entity. Common personal injury cases include car accidents, slip and fall accidents, dog bites, catastrophic injury, medical malpractice, and work injury claims. Personal injury lawsuits typically seek damages for medical bills, missed work, pain and suffering, loss of consortium, permanent disability, property damage, or wrongful death.

The Hilton Personal Injury Lawsuit is Case No. 3:14-cv-01860 in the U.S. District Court for the District of Puerto Rico.