FORUM SELECTION CLAUSE ENFORCED AGAINST GREEK SEAMAN EVEN THOUGH TREATED IN LOUISIANA HOSPITAL PRIOR TO DEATH
DIMITRIOS KERAMIDAS VERSUS PROFILE SHIPPING LIMITED AND STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION LIMITED, AND GUISE SHIPPING ENTERPRISES CORPORATION
NO. 00-CA-1852
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT
2001 La. App. LEXIS 812
April 11, 2001, Decided
PROCEDURAL POSTURE: Plaintiffs, a widow, her minor son, and the executor of the decedent's estate, brought suit against defendants, a ship owner, an underwriting association, and a shipping enterprise, in the Twenty-ninth Judicial District Court, Parish of St. Charles (Louisiana). The trial court granted summary judgment to defendants and dismissed the suit. Plaintiffs appealed the judgment.
OVERVIEW: The decedent was a Greek seaman who became ill on board a ship that was docked in Louisiana. He died from his illness after being treated in a Louisiana hospital and returned to Greece. Defendants argued that under the forum selection clause in the seaman's employment agreement, the country of Cyprus, not the United States was the proper forum for the lawsuit. Plaintiffs' argued that Cyprus was not the proper forum and the forum selection clause was invalid. The appellate court found enforcement of the forum selection clause was reasonable under the facts. Louisiana law did not apply to the maritime forum selection clause because federal law applied instead. Under federal law, the forum selection clause was prima facie valid. Therefore, it had to be enforced because there was no clear showing that enforcement would be unreasonable under the circumstances, unjust, invalid for reason of fraud or overreaching, or would contravene a strong public policy of Louisiana.
OUTCOME:Judgment was affirmed.
