SEAMAN'S RECEIPT OF DISABILITY UNDER COLLECTIVE BARGAINING AGREEMENT RATIFIES IT APPLICABILITY SO AS TO REQUIRE SUIT IN NORWAY OR POLAND.
ANDREZJ SAWICKI VERSUS K/S STAVANGER PRINCE AND ASSURANCEFORENINGEN SKULD
NO. 99-CA-1459
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT
99-1459 (La.App. 4 Cir, 12/27/00); 2000 La. App. LEXIS 3545
December 27, 2000, Decided
OVERVIEW: Appellant was injured while working on a ship owned by defendant company. Following receipt of disability compensation pursuant to a collective bargaining agreement, appellant sued appellees, alleging Appellee Company committed an intentional or negligent tort in Louisiana. Appellant challenged the trial court's decisions granting a continuance and partial summary to appellees and dismissing plaintiff's suit. The court held the trial had not begun at the time appellees filed the motion for summary judgment, and the motion did not violate La. Code Civ. Proc. Ann. art. 966(D). Testimony by appellant was only for perpetuation purposes, and was not part of a formal trial. The court held the trial court properly enforced a forum selection clause in the collective bargaining agreement which specified either Norway or Poland as the forum for any suit. The collective bargaining agreement was incorporated into the employment contract signed by appellant. The court held that once appellant collected disability compensation under the collective bargaining agreement, he ratified the contract's applicability.
OUTCOME: The court affirmed the decision, because the trial had not begun when appellees filed the motion for summary judgment, and a forum selection clause contained in a collective bargaining agreement was valid, and stated the jurisdiction of any dispute was Norway or Poland.
