Cruise Ship Law

DIANA LEE HOUSE, Plaintiff, v. MARINE TRANSPORT LINES, INC. et al, Defendants.

CIVIL ACTION NO. G-05-188
2005 U.S. Dist. LEXIS 30006
October 31, 2005, Decided

PROCEDURAL POSTURE: Plaintiff seaman filed suit pursuant to the Jones Act against defendants, a ship's manager, the United States, and the United States Maritime Administration (MARAD), seeking to recover damages for personal injuries she sustained. Defendants moved for dismissal.

OVERVIEW: Because the seaman did not object to the motion to dismiss with regard to the manager and MARAD, the court granted dismissal as to those defendants. The U.S. contended that the court lacked subject matter jurisdiction over the suit because the seaman had not followed the claims procedures in 46 C.F.R. § 327 and 346 C.F.R. § 327.6. The court agreed. Reading these provisions together, a party could not file suit pursuant to the Suits in Admiralty Act, 46 U.S.C.S. app. § 745, as amended by the Clarification Act, 50 U.S.C.S. app. § 1291, until 60 days after MARAD received an administrative claim unless the party received notice of disallowance prior to that day. Here, the seaman's complaint was filed 59 days after the Division of Marine Insurance received her claim, which was 80 days after the claim had been sent. However, the claim was not addressed to the party specified in the regulations, and thus spent three weeks being passed around until it reached the Division. The court held that it was the seaman's sole burden to make sure that the claim was properly addressed. Because the seaman had not waited 60 days to file her claim, the court lacked jurisdiction to entertain it.

OUTCOME: The court granted defendants' motion to dismiss and dismissed the suit with prejudice.