Summary Judgment Granted To Ferry Operator Against Passenger Claiming Assault And Battery
WENDY PETERSON, Plaintiff v. SCOTIA PRINCE CRUISES LIMITED,Defendant
Docket No. 03-174-P-H
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE
2004 U.S. Dist. LEXIS 9987
June 2, 2004, Decided
PROCEDURAL POSTURE: Plaintiff former passenger sued defendant ferry operator for assault and battery, negligent and intentional infliction of emotional distress, conversion, common law misrepresentation, and breach of a contract of carriage and absolute vicarious liability. The operator moved for summary judgment on those claims, and on any claim for punitive damages. The case was referred to a magistrate for a report and recommendation.
OVERVIEW: The passenger alleged that she was robbed and assaulted by a crewmember while travelling on the ferry. The allegations were investigated at the time the passenger reported the incident, and no arrest or other action was taken. The passenger's failure to file a response to the operator's statement of material facts or a statement of additional material facts in her own behalf meant that there was no evidence in the summary judgment record to support the necessary factual predicate for all of the counts at issue -- that she was assaulted by an employee of the operator. The passenger had not produced sufficient facts to establish the presence of a trial worthy issue. The operator could not be held liable for punitive damages unless the employee at issue was a managerial agent, the operator authorized or ratified the tortious behavior, the operator had reason to suspect or was aware of the misconduct before it took place, or the operator failed to take appropriate action after learning what had happened. The summary judgment record did not include any evidence that would have allowed a reasonable factfinder to conclude that any of these conditions were met.
OUTCOME: The magistrate recommended that the court grant the motion.
