August 23, 2013
305-670-1101 Ext. 1023
TERMINAL OPERATOR AND STEVEDORE FOR INJURIES TO A CRUISE SHIP PASSENGER
FT. LAUDERDALE, Florida ― Quintairos, Prieto, Wood & Boyer, P.A. attorneys James J. McNally and Alexandra Castro obtained a Final Summary Judgment on behalf of their client a Terminal Operator and Stevedore in the United States District Court, Southern District of Florida, Ft. Lauderdale Division two weeks before commencing a jury trial. The Plaintiff was a 71-year-old Canadian tourist confined to a wheelchair. She claimed that she was severely injured while disembarking from a Celebrity cruise ship at Port Everglades, Florida when the Defendant’s baggage handler dropped a suitcase on her left leg causing a severe cut. Due to aspirin therapy she developed extensive bleeding and prolonged medical treatment resulting in significant scarring and disfigurement to her left leg. She currently uses a walker.
The Plaintiff sued the cruise line and the terminal operator/stevedore for damages in the United States District Court. The cruise line settled for a confidential amount and was dismissed from the case. The Defendant could not locate the baggage handler or any favorable witnesses to refute the Plaintiffs claim of negligence. The Defendant moved for summary judgment based upon the one-year statute of limitation contained in the passenger cruise ticket contract. The Plaintiff’s counsel argued that the one-year statute of limitations was inapplicable and that an extension had been given by the cruise line to file suit which applied to the Defendant. United States District Judge Cohn agreed with the defense and entered a final summary judgment in favor of the terminal operator/stevedore based upon the one-year statute of limitation contained in the passenger cruise ticket contract. Judge Cohn found that there was no binding extension given by the cruise line and that the lawsuit filed 35 days after the expiration of the one-year statute of limitations was time barred. Judge Cohn also ruled that the Plaintiff had sued the wrong party and that any attempt to amend and relate back would be futile. The Court dismissed the Plaintiff’s action with prejudice two weeks prior to the commencement of a jury trial.