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PHOUNG LUC v. WYNDHAM MANAGEMENT CORP.

No. 06-1737.

496 F.3d 85 (2007)

PHOUNG LUC & Thai Minh Chinh, Plaintiffs, Appellants, v. WYNDHAM MANAGEMENT CORP., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 7, 2007.

Attorney(s) appearing for the Case

David S.V. Shirley, with whom Joseph F. McDowell, III and McDowell & Osburn, P.A., were on brief, for appellants.

Timothy J. Smyth, with whom Thomas B. Farrey, III and Burns & Farey, were on brief, for appellees Tremont Boston Hotel, et al.

Clyde K. Hanyen, with whom Peter E. Heppner and Lynch & Lynch, were on brief, for appellee Boston Ballroom Corporation.

Before BOUDIN, Chief Judge, LYNCH and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

This diversity case involves a tragic accident which is not susceptible to the legal remedy that the plaintiffs-appellants seek in this action. They suffered injuries and losses as a result of Roberto Madruga's decision to drive while intoxicated. However, they are pursuing claims not against Madruga but against the bar that served him, and the hotel that housed that bar. As a federal court with diversity jurisdiction, we are bound to follow...

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