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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