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Civil Procedure Keyed to Marcus
Krupski v. Costa Crociere S. P. A.
Citation:
560 U.S. 538 (2010)Facts
On February 21, 2007, Wanda Krupski tripped over a cable and fractured her femur while aboard the cruise ship Costa Magica. Her passenger ticket identified Costa Crociere S.P.A. as the carrier and contained various requirements for filing claims. On February 1, 2008—three weeks before the one-year limitations period expired—Krupski filed a negligence action against Costa Cruise Lines, N.V., LLC, mistakenly believing it was the entity that “owned, operated, managed, supervised and controlled” the ship. Costa Cruise answered that it was merely the North American sales and marketing agent for Costa Crociere, which was the actual carrier and vessel operator. After the limitations period expired, Krupski moved to amend her complaint to add Costa Crociere. The District Court initially granted leave to amend but later agreed with Costa Crociere that the amended complaint did not relate back under Rule 15(c) and was therefore untimely.
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