Cruise Ship Law

CARNIVAL CORPORATION d/b/a CARNIVAL CRUISE LINES, Appellant, vs. VICTOR M. BOOTH, as Personal Representative of the Estate of STEVEN M. BOOTH, Deceased, Appellee.
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
2006 Fla. App. LEXIS 20780; 31 Fla. L. Weekly D 3115
December 13, 2006, Opinion Filed

PROCEDURAL POSTURE: Appellee, the estate of a deceased cruise ship passenger, sued appellant cruise line, alleging it was negligent in marketing a scuba diving excursion. The Circuit Court for Miami-Dade County, Florida, denied the cruise line's motion to dismiss, finding that it had waived its right to enforce the forum selection clause contained in the ticket contract. The cruise line appealed.

OVERVIEW: The passenger died while participating in the cruise line's scuba diving excursion. His ticket contract provided that venue for any suit against the cruise line was in the federal district court in Miami, Florida. The estate filed suit in that court, as well as the instant action; the federal court dismissed the suit due to the pending state court action. In the instant case, after the cruise line timely asserted the defense of improper venue by motion under Fla. R. Civ. P. 1.140(b), it served one set of interrogatories and a request for production on the estate. The trial court held that by engaging in this discovery, the cruise line waived the defense of improper venue. The appellate court disagreed. The cruise line's limited participation in the instant case did not amount to a waiver of its right to enforce the forum selection clause. Further, enforcement of the clause was not unreasonable under the circumstances.

OUTCOME: The judgment was reversed and the case was remanded for entry of an order granting the cruise line's motion to dismiss for improper venue.