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Civil Procedure Keyed to Babcock
Krupski v. Costa Crociere S.p.A.
Citation:
560 U.S. 538 (2010)Facts
Plaintiff Krupski purchased a cruise ticket. On the front Costa Cruise was listed as the carrier, but on the back Costa Crociere was listed. When Plaintiff Krupski was injured on the cruise ship she brought suit against Costa Cruise for negligence on February 1, 2008. The statute of limitations expired three weeks after that. After the statute of limitations had run, Costa Cruise notified Plaintiff Krupski to Costa Crociere’s identity as the proper defendant multiple times. Costa Cruise then moved for summary judgement based on the grounds that it was not the proper defendant. Krupski cross-moved to amend her complaint to add Defendant Costa Crociere. The District Court denied Costa Cruise’s motion for summary judgement and granted Plaintiff Krupski’s motion for leave to amend. Both parties then agreed to remove Costa Cruise from the action and Plaintiff Krupski filed an amended complaint against Costa Crociere on July 11, 2008. Defendant Costa Crociere then filed a motion to dismiss based on the grounds that Plaintiff Krupski’s amended complaint did not relate back to the date of her original complaint and that the suit was moot because the statute of limitations had run, which was granted by the district court and affirmed by the appeals court for the Eleventh Circuit.
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