United States District Court, Southern District of New York
March 31, 2003
ELLEN MATILDA HUGHES, HERBERT HUGHES, PLAINTIFF, AGAINST CARNIVAL CRUISE LINES, INC., DEFENDANT.
The opinion of the court was delivered by: Thomas P. Griesa, United States District Judge
Plaintiffs sue to recover for an injury allegedly sustained on a cruise liner owned by defendant. Plaintiff Ellen Matilda Hughes alleges that she broke her hip on September 1, 2000, and seeks to recover for that injury. Her husband, plaintiff Herbert Hughes, seeks to recover for loss of consortium.
Defendant moves to dismiss the action. Defendant relies upon the following two terms of the ticket: (1) a provision requiring that any suit be brought within one year from the day when the injury occurred; (2) a forum selection clause requiring that any suit be brought in a court located in Miami Dade County, Florida.
The action was filed in Supreme Court, Bronx County on October 5, 2001. It was later removed to the federal court.
The action must be dismissed because it was not commenced within one year after the accident and has not been brought in the jurisdiction required under the forum selection clause.
The action is dismissed.
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