Civil Procedure Keyed to Yeazell
Carnival Cruise Lines, Inc. v. Shute
CaseCast™ – "What you need to know"
Defendant Shute purchased passage for a seven day cruise on the Tropicale, a ship owned by Plaintiff, through a Washington travel agent. The face of each ticket contained terms and conditions of passage, which included an agreement that all matters disputed or litigated subject to the travel agreement, would be before a Florida court. Defendant boarded the ship in California, which then sailed to Puerto Vallarta, Mexico before returning to Los Angeles. While the ship was in international waters, Defendant Eulala Shute was injured from slipping on a deck mat. Defendants filed suit in Federal District Court in Washington. Defendant filed a motion for summary judgment, alleging that the clause in the tickets required Defendants to bring their suit in Florida.
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