Cruise Ship Law

ERIC BOUTTE, Plaintiff, v. CENAC TOWING, INC., Defendant

CIVIL ACTION NO. G-03-1054
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, GALVESTON DIVISION
2004 U.S. Dist. LEXIS 24726
November 15, 2004, Decided

PROCEDURAL POSTURE: Plaintiff employee sued defendant employer pursuant to admiralty jurisdiction under the Jones Act, 46 U.S.C.S. § 688, seeking recovery for injuries sustained while working aboard the employer's vessel. The court previously issued an order denying the employer's motion to dismiss or, in the alternative, to transfer venue. The employer moved for reconsideration of that order. The employee contested the motion.

OVERVIEW: As a condition of employment, the employee executed a choice of forum agreement designating Louisiana as the appropriate forum. The employee sustained injuries while aboard a vessel in Texas, where he filed suit. In denying the employer's motion to transfer venue to Louisiana, the court found that the choice of forum agreement was enforceable, but that the location of the alleged wrong and delay from a transfer favored retention. The court denied the motion for reconsideration. In admiralty, venue was proper in any court with personal jurisdiction over the defendant. However, the court held that choice of forum agreements in employment contracts between American seamen and American companies were unenforceable in Jones Act claims. Further, discretionary transfer under 28 U.S.C.S. § 1404(a) was properly denied. The location of the alleged wrong was of primary importance. The citizens of Texas had a legitimate interest in the safety conditions and seaworthiness of vessels doing business in the state. The employee's choice of forum was entitled to deference. The convenience of the employer's witnesses was not entitled to much weight as the employer could compel their testimony.

OUTCOME: The court denied the employer's motion for reconsideration of its order denying its motion to dismiss and its alternative motion to transfer venue.