Cruise Ship Law

Jack Oltman et al., Petitioners, v. Holland America Line Usa, Inc. et al., Respondents.

SUPREME COURT OF WASHINGTON
2008 Wash. LEXIS 211
March 13, 2008, Filed

PROCEDURAL POSTURE: Petitioners, cruise ship passengers and a family member, filed suit against respondent cruise line alleging several causes of action. The King County Superior Court, Washington, granted summary judgment for the cruise line. The Washington Court of Appeals affirmed. Petitioners appealed.



OVERVIEW: Two cruise ship passengers became ill on a cruise ship. They filed suit against the cruise line in the King County Superior Court. The wife of one of the passengers asserted a claim for loss of consortium. The trial court did not err in refusing to strike the cruise ship's untimely answer and affirmative defenses, and in refusing to strike the declaration of the cruise line's attorney that contained citations to unpublished trial court decisions. The trial court held that a forum selection clause in the cruise contracts required that suit be brought in the United States District Court for the Western District of Washington. The Court of Appeals affirmed. The Supreme Court of Washington concluded that the wife's loss of consortium claim was not subject to the forum selection clause; she did not sign the cruise contract, nor did she agree to its terms. As to the passengers, the forum selection clause was valid and enforceable. The passengers could not file their suit in state court under the savings to suitors clause and thereby deprive the federal court of jurisdiction.



OUTCOME: The summary judgment in favor of the cruise line was affirmed on all issues except the loss of consortium claim. The summary judgment on the loss of consortium claim was reversed, and this claim was remanded to the trial court for further proceedings.