Cruise Ship Law

ARMONDO MARTINEZ VERSUS MARLOW TRADING, S.A. AND FOREIGNCREW EMPLOYMENT SERVICES, INC.

No. 2004-CA-0538
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT
2004-0538 (La.App. 4 Cir. 02/02/05);
894 So. 2d 1222; 2005 La. App. LEXIS 283; 2005 AMC 778
February 2, 2005, Decided

PROCEDURAL POSTURE: Appellant injured Honduran seaman brought a suit for maintenance and cure against appellees, a Greek vessel owner and its Louisiana agent. Both filed, inter alia, a motion to dismiss pursuant La. Code Civ. Proc. Ann. art. 123(B), stating that Orleans Parish was not an appropriate forum and that Panama or Honduras were more appropriate. The Civil District Court, Orleans Parish, Division "G-11" (Louisiana) granted the motion. The seaman appealed.

OVERVIEW: Panama and Honduras were both adequate and available forums for the proceedings to be conducted and therefore, they fulfilled the requirements for transfer to a more convenient forum. Panama was available because it was the chosen forum of both parties based upon the contractual agreement, and the vessel was also registered in Panama. Honduras was available because the seaman was domiciled there and it was where key witnesses, including his doctors, were located. Based upon the affidavits of a Panamanian attorney, the seaman's claims would be recognized in Panama and he would receive an adequate remedy. The seaman was domiciled and had received the remainder of his medical treatment in Honduras; therefore Honduras was also the location of his treating physicians who would be required to testify at trial. In the interest of fostering greater access to sources of proof and minimizing the costs of obtaining witnesses the trial should be held in either Panama or Honduras; especially because the witnesses were not located in Orleans Parish nor was the vessel registered in that parish. Therefore the appellate court held that both countries provided adequate forums for the trial.

OUTCOME: The judgment of the trial court was affirmed.