Passenger Claim Against Cruise Line Transferred to Florida Where Carnival Cruise Line Passenger Ticket Included Forum Selection Clause Selecting Florida...
Passenger Claim Against Cruise Line Transferred to Florida Where Carnival Cruise Line Passenger Ticket Included Forum Selection Clause Selecting Florida Despite Passenger's Arguments That The Forum Selection Clause Was Not Reasonably Communicated to Passenger And That It Was Unreasonably Arduous In Light of Her Advanced Age and Difficulty Traveling.
LOUISE FERKETICH, Plaintiff, v. CARNIVAL CRUISE LINES, Defendant.
CIVIL ACTION No. 02-CV-3019
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
2002 U.S. Dist. LEXIS 20052
October 17, 2002, Filed
DISPOSITION: Motion to Dismiss for lack of personal jurisdiction, or improper venue, or in the alterative, to transfer filed by the Defendant, Carnival Cruise Lines was granted. This action was transferred to the United States District Court for the Southern District of Florida.
PROCEDURAL POSTURE: Plaintiff passenger brought a personal injury action against defendant cruise line following her injury aboard a vessel owned by the cruise line. Following removal, the cruise line filed a motion to dismiss for lack of personal jurisdiction, improper venue or, in the alternative, to transfer venue.
OVERVIEW: The cruise line claimed that it did not maintain contacts with the forum state necessary to exercise either specific or general jurisdiction, and that the forum selection clause provided in the passenger's ticket booklet was valid and enforceable and required the transfer of venue. The passenger claimed that she was provided inadequate notice of the forum selection clause, and that the forum selection clause imposed an unfair and arduous burden on her because of her advanced age and difficulty traveling. The court initially held that the passenger was provided with reasonable notice of the forum selection clause, and, thus, the clause satisfied the reasonable communication standard. The court then held that the passenger failed to offer any evidence suggesting that the forum selection clause was a product of the cruise line's bad faith. The court finally held that, although the passenger was elderly and experienced difficulty in traveling, the inconvenience was not severe enough to demonstrate that transfer of venue would be so inconvenient for her that she would be deprived her day in court.
OUTCOME: The motion was granted. The action was transferred to a different venue.
