Cruise Ship Law

Case No. 3:05-cv-469-J-32TEM
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, JACKSONVILLE DIVISION
2005 U.S. Dist. LEXIS 34207
December 12, 2005, Decided
December 12, 2005, Filed

PROCEDURAL POSTURE: Plaintiff filed an action in state court against defendant corporation, a Florida corporation, alleging that the corporation was negligent and breached obligations that it had to plaintiff when it repaired plaintiff's personal watercraft device. The corporation removed the matter to the court, invoking the court's admiralty jurisdiction. Plaintiff sought to remand the matter to state court.

OVERVIEW: Plaintiff filed an action in state court based upon negligence and breach of contract when plaintiff was injured on his personal watercraft device after it had been repaired by the corporation. Plaintiff had requested a jury trial. The corporation removed the matter to the court, invoking the admiralty jurisdiction of the court. The court held that it had jurisdiction under admiralty law. Plaintiff was injured while operating the watercraft device in water and the tort alleged satisfied the location test for admiralty jurisdiction. Plaintiff's operation of the watercraft device in the water constituted traditional maritime activity, and the activity could have potentially caused a disruption to maritime commerce. The contract claim, based on an obligation to repair the watercraft, was also related to traditional maritime activity. The court acknowledged that the "saving to suitors" clause of 28 U.S.C.S. § 1333, which could have potentially retained plaintiff's jury trial claim in the state court, had been waived by plaintiff because the assertion had not been raised within the 30-day removal period.

OUTCOME: The court denied plaintiff's motion to remand the matter to state court.