FORUM SELECTION CLAUSE IN CRUISE LINE TICKET ENFORCED AND COMPLAINT DISMISSED.
WESLEY H. ENDERSON and LINDA ENDERSON, Plaintiffs, vs.CARNIVAL CRUISE LINES, INC., and CARNIVAL CORPORATION, Defendants.
5:00CV160-H
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OFNORTH CAROLINA, STATESVILLE DIVISION
2001 U.S. Dist. LEXIS 1608
February 7, 2001, Decided
OVERVIEW: Plaintiffs contracted with defendants for a seven-day cruise. During the cruise, one plaintiffs developed appendicitis and had to undergo emergency surgery at a land-based hospital. Plaintiffs sued for negligence and breach of contract for defendants' failure to provide adequate medical facilities and treatment on ship and to promptly transport the plaintiff to a hospital. Defendants moved to dismiss for lack of personal jurisdiction and improper venue. The motion was granted on the grounds of improper forum. Because of this, the court did not address the issue of personal jurisdiction. The contract between plaintiffs and defendants contained a forum selection clause. Plaintiffs were given notice of this clause in at least four ways. The court found that the forum selection clause was valid, enforceable, and fundamentally fair because cruise lines have special interests in 1) limiting the fora in which they may be subject to suit, 2) dispelling confusion, and 3) reducing fares.
OUTCOME:The motion to dismiss was granted. The contract between plaintiffs and defendants contained a valid and enforceable forum selection clause which required that any litigation be heard in a different forum.
