NASHUA – When they contacted a Nashua wedding planner about a year and a half before their June 2017 wedding, James and Kristen Kaklamanos were told weddings “are treated with the personal care and attention to detail needed to create a celebration you’ll remember forever,” they state in a lawsuit filed against a local hotel.
Come their wedding day, according to the suit, they did indeed experience an event they’ll remember forever – but for all the wrong reasons.
The suit, filed on the Kaklamanos’s behalf in April 2018 by Manchester-based attorneys Nicholas Wright and Sabin Maxwell, lists myriad claims against the hotel located at 11 Tara Blvd., Nashua. Among the complaints were faulty air conditioning that created “stifling heat” in the Wentworth Ballroom, which they say caused the wedding cake to melt and flowers to wilt, and food service so disorganized that meals were brought out two hours late, and in some cases, “much was overcooked and some raw,” the suit states.
The couple also alleges the staff served clam chowder “to a guest with a life-threatening shellfish allergy” and served “dairy to a pregnant woman with a severe dairy allergy.”
The six-count, 14-page complaint names the Radisson Hotel Nashua, along with parent companies AFP 105 Corp. and United Capital Corp., both of which are based in Great Neck, New York.
Unless a settlement is reached in the meantime, the matter will go to trial in May in Hillsborough County Superior Court-South. Jury selection is expected to take place in early May, with testimony to start either the week of May 13 or May 20.
The counts, meanwhile, allege breach of contract; breach of express warranty; fraudulent misrepresentation; negligent misrepresentation; and violation of the New Hampshire Consumer Protection Act. The sixth count calls for the court to award the couple enhanced compensatory damages, including costs, interest and attorneys’ fees, citing allegations the defendants’ conduct “was wanton, malicious or oppressive,” the suit states.
In its response to the complaint, the Radisson, represented by Nashua attorney Jack White, insists James and Kristen Kaklamanos “have not produced evidence that the (Radisson) made intentional misrepresentations with an evil motive.”
In their attempts to meet their burden of supporting their enhanced compensatory damages claim, the plaintiffs “have failed to meet that burden,” White wrote.
As for the plaintiffs naming AFP 105 as a defendant, the “deceptive acts” of which the couple accuse the Radisson “were not made by” AFP 105, therefore that firm “has not made any ‘unfair or deceptive act.”
Regarding the faulty air conditioning allegations, James and Kristen Kaklamanos state in the suit the Radisson, and the wedding planner they worked with, knew there were problems with the air conditioning, and by not advising them, allegedly made “unfair or deceptive” representations.
But those representations, according to the response, do not support a claim under the Consumer Protection Act, even, according to the response, if the defendant “did have knowledge of the alleged problems with the air conditioning.”
White, in addressing the plaintiffs’ claims that the Radisson failed to follow through on the promises or guarantees either spoken or written on its website, cites several court decisions that, he claims, apply to this case.
He claims the Radisson’s statements “regarding the quality of their wedding facilities are merely vague ‘puffery,'” and “self-laudatory opinions,” and are therefore not actionable under the CPA.
Radisson General Manager Bob Seguin didn’t immediately return a phone message seeking comment. However, in a two-page affidavit filed in court, he cites several points that seek to separate AFP 105 from the Radisson, such has noting that AFP 105 “has no control regarding the content found at www.radisson.com,” and while AFP 105 “is permitted to use the ‘Radisson’ brand name for the Nashua hotel,” neither Radisson Hotels International, nor any of its related corporations, have any ownership interest in AFP 105.”
Dean Shalhoup may be reached at 594-1256, firstname.lastname@example.org, or @Telegraph_DeanS.
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