DEFENDANT SHIP'S PHYSICIAN DISMISSED FOR LACK OF PERSONAL JURISDICTION BECAUSE THE ALLEGED MEDICAL MALPRACTICE DID NOT OCCUR WITHIN THE TERRITORIAL WATERS OF FLORIDA; THE FORUM SELECTION CLAUSE DID NOT APPLY TO THE PLAINTIFF'S CLAIMS; AND THE ALLEGED ACTS
JAMELIA BARNETT, individually and as personal representative of the Estate of LILA ASHLEY BARNETT, deceased, Plaintiff, v. CARNIVAL CORPORATION, RAHAL MONTHER and DEBRA FERRIS-REYNOLDS, Defendants.
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
2007 U.S. Dist. LEXIS 37481
May 23, 2007, Decided
PROCEDURAL POSTURE: Defendant Rahal Monther moves to dismiss on the grounds that the court lacks personal jurisdiction over him.
OVERVIEW: The defendant Rahal Monther, the ship doctor, seeks dismissal on the ground that the Court lacks personal jurisdiction because the alleged medical malpractice did not occur within the territorial waters of Florida. To determine whether this Court has personal jurisdiction over the defendant ship doctor, the Court must undertake a two-part analysis. The Eleventh Circuit explained First, [the Court] must determine whether the Florida long-arm statute provides a basis for personal jurisdiction. If so, then [the Court] must determine whether sufficient minimum contacts exist between the defendant[] and [Florida] so as to satisfy "traditional notions of fair play and substantial justice" under the Due Process Clause of the Fourteenth Amendment. Both prongs must be satisfied for personal jurisdiction to exist. The plaintiff argues that this Court has personal jurisdiction over the ship doctor on the following grounds: 1) Florida's long arm statute regarding insuring any person, property, or risk located within Florida at the time of contracting; 2) Florida's long arm statute regarding a defendant who is carrying on a business or business venture in Florida or is engaged in substantial and not isolated activity within Florida, whether such activity is wholly interstate, intrastate, or otherwise, ... whether or not the claim arises from that activity; and 3) the forum selection clauses contained in the contract between Carnival Corporation and Dr. Monther as well as the passenger ticket. Because the alleged medical malpractice of the ship doctor occurred outside the territorial boundaries of Florida; the forum selection clause does not apply to the plaintiff's claims; and the alleged acts do not fall within one of the enumerated bases to confer personal jurisdiction under Florida's long arm statute, this Court lacks personal jurisdiction over Dr. Monther.
OUTCOME: The defendant's Motion to Dismiss is granted. The defendant, Rahal Monther, is dismissed.
