Two years ago at this time, an outbreak of norovirus at Mohonk Mountain House caused several hundred guests and staff members to fall ill. The hotel was closed for a full week while a disaster-remediation company was brought in to disinfect contaminated surfaces. At least one hospitalization from dehydration was reported following the outbreak of the highly contagious gastrointestinal ailment.
Predictably, litigation ensued, and now a class action settlement has been reached. The New York State Supreme Court in Ulster County announced that it has granted “preliminary approval” of an $875,000 settlement in the lawsuit known as Bellotti et. al. v. Smiley Brothers, Inc. The Court will hold a final hearing to determine whether to approve the settlement on March 14 at 11 a.m. at the Ulster County Courthouse, located at 58 Wall Street in Kingston.
“The net settlement proceeds (after payment of any attorneys’ fees and disbursements, incentive awards and settlement administration expenses approved by the Court) will be equally allocated (i.e., on a pro rata basis) to the Class Members who participate in the settlement,” reads the summary notice published by the court. “Class members” entitled to a share of the compensation include “All Persons Who Experienced Gastrointestinal Illness within 72 Hours after Visiting the Mohonk Mountain House in New Paltz, New York between January 27 and February 28, 2014.”
Known victims of the outbreak were mailed claim forms at their last known addresses, and must submit them postmarked no later than May 2, 2016 in order to qualify for payment. If you believe that you may qualify for inclusion as one of the injured parties in this class action and did not receive a claim form, call (800) 908-4746, write to MMH Claims Administrator c/o The Notice Company, P.O. Box 455, Hingham, MA 02043 or visit www.mmhsettlement.com.
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