This section contains the nature of the case and procedural background.

Kimberly and Julian Crocker (P) were guests at the Hilton Hotel in Barbados (D). Kimberly was walking through the hotel and was attacked at knifepoint and raped. P sued D for negligence and loss of consortium and that the assault was perpetrated by a person who was neither a guest at the hotel nor a hotel employee. P sued in Massachusetts under Mass. Gen. Law ch 223. It allows for jurisdiction over a person who regularly solicits business or engages in any other persistent conduct, or derives substantial revenue from goods used or consumed or services rendered, in Massachusetts. D challenged jurisdiction in Massachusetts. The suit was dismissed, and P appealed.

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