Cruise Ship Law

JESUS VELASQUEZ, Plaintiff-Appellant, versus C.S.C.S. International, N.V., a foreign corporation, COSTA CROCIERE, S.P.A., a foreign corporation, et al., Defendants-Appellees.

No. 05-11170 Non-Argument Calendar
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
2005 U.S. App. LEXIS 19448
September 6, 2005, Decided
September 6, 2005, Filed

PRIOR HISTORY: Appeal from the United States District Court for the Southern District of Florida. D. C. Docket No. 03-61183-CV-MGC.

DISPOSITION: AFFIRMED.

PROCEDURAL POSTURE: Appellant Jesus Velasquez appeals the district court's order dismissing his suit based on Jones Act and general maritime claims for forum non conveniens.

OVERVIEW: Velasquez, a Honduran citizen and resident, was employed by Cruise Ships Catering & Service International N.V. ("C.S.C.S."). He worked on a ship named the Costa Victoria, which embarked from Genoa, Italy. Velasquez alleges that he was injured aboard the ship while lifting boxes of wine. During the time of his alleged injury, the Costa Victoria was in international waters calling on ports in the Mediterranean Sea. After receiving shoreside diagnostic testing in Genoa, Italy, Velasquez left the Costa Victoria on medical leave and went back to Honduras where he was treated and underwent three back operations. He also had subsequent surgery in Miami. The district court properly dismissed this action for forum non conveniens. The law of the United States should not apply in this case as the alleged wrongful act occurred in the Mediterranean Sea, the vessel on which Velasquez worked was foreign, Velasquez is a resident and citizen of Honduras, the shipowner, Costa, is an Italian corporation and foreign fora are accessible to Velasquez.