KAREN SUE WILKIN, APPELLANT,
v.
CARNIVAL CRUISE LINES, INC., ETC., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A cruise passenger appealed a summary judgment dismissing her personal injury claim as time-barred under the cruise ticket's one-year limitation period. The passenger argued equitable tolling should apply because she mistakenly filed in the wrong forum (Michigan instead of Florida), but the court affirmed the dismissal, holding that the passenger was bound by the ticket's clear contractual terms.
The court affirmed summary judgment, holding that equitable tolling does not apply where a passenger disregards the clear contractual terms of the cruise ticket to which she is bound. The passenger's mistake in choosing the wrong forum does not constitute the type of equitable circumstance warranting tolling.
[1] A cruise ticket contract may contain a one-year limitations period for filing suit for personal injury claims.
[2] Equitable tolling may be applied to preserve a plaintiff's claim when equitable circumstances prevent a timely filing.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The tolling doctrine is used in the interests of justice to accommodate both a defendant's right not to be called upon to defend a stale claim and a plaintiffs right to assert a meritorious claim when equitable circumstances have prevented a timely filing.”
Establishes the standard for equitable tolling and what circumstances justify its application.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceKaren Sue Wilkin suffered injuries while a passenger on Carnival Cruise Lines' Mardi Gras ship during the week of November 21, 1991. On November 11, 1…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Forum Selection Clause cases and more on FLexlaw
PER CURIAM.
A cruise passenger alleging personal injury appeals a final summary judgment entered in the cruise line’s favor upon a finding that the passenger’s action was time-barred. We affirm.
Karen Sue Wilkin claimed that she suffered injuries while a passenger on a Carnival Cruise Lines ship, the Mardi Gras, operated during the week of November 21, 1991. On November 11, 1992, Wilkin filed a complaint in a Michigan court against Carnival and on July 6, 1993, the Michigan court dismissed the complaint for lack of jurisdiction based on the ticket contract’s forum selection clause. Several days prior to this dismissal, on June 29, 1998, Wilkin refiled her complaint in a Dade trial court. The Dade trial judge subsequently granted the cruise line’s motion for summary judgment, the order here under appeal.
The Dade trial judge granted that order relying on the ticket contract which clearly indicated:
Suit to recover any claims shall not be maintainable in any event unless commenced within one year after the date of the loss, injury or death.
Wilkin argued to the trial judge that notwithstanding that language, the judge should apply the doctrine of equitable tolling since Wilkin timely asserted her rights, mistakenly, in the wrong forum. As stated in Machules v. Department of Admin., 523 So. 2d 1132, 1134 (Fla.1988):
The tolling doctrine is used in the interests of justice to accommodate both a defendant’s right not to be called upon to defend a stale claim and a plaintiffs right to assert a meritorious claim when equitable circumstances have prevented a timely filing. Equitable tolling is a type of equitable modification which “ ‘focuses on the plaintiffs excusable ignorance of the limitations period and on [the] lack of prejudice to the defendant.’ ” Cocke v. Merrill Lynch & Co., 817 F. 2d 1559, 1561 (11th Cir.1987) (quoting Naton v. Bank of California, 649 F. 2d 691, 696 (9th Cir.1981).
Carnival maintained that the reason for Wilkin’s failure to comply with the limitations period was her blatant disregard of the terms of the passage contract which were communicated to her both through the ticket and otherwise. The cruise line argued that it had not misled Wilkin and, in fact, pointed out that the company had sent her a letter which outlined the contract conditions — including the forum selection clause — prior to her institution of the suit in Michigan.
The trial judge determined that because it was clear from the affidavit of a ship employee that a passenger must present a complete passage ticket at the time of boarding, and that the ticket is returned to the passenger at boarding, Wilkin should be held to the terms of the ticket. Hallman v. Carnival Cruise Lines, Inc., 459 So. 2d 378 (Fla. 3d DCA 1984). In sum, the trial judge under these circumstances concluded that filing suit in the improper forum did not toll the ticket’s one-year time limitation. We find no error in the trial judge’s decision. See Burnett v. New York Cent. R. Co., 380 U.S. 424, 85 S.Ct. 1050, 13 L.Ed.2d 941 (1965).
Accordingly, the order under review is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
HCA Health Servs. OF Fla., Inc. v. Hillman, 906 So. 2d 1094 (Fla. 2d DCA 2004)…e to toll the running of the statute of limitations in this civil action. We also acknowledge one case, cited by Blake, in which the Third District declined to apply the doctrine in a personal injury action. In Wilkin v. Carnival Cruise Lines, Inc., 661 So. 2d 1308 (Fla. 3d DCA 1995), the plaintiff was injured on a cruise ship. The ticket contract specified a one-year statute of limitations and Florida as the applicable forum for suit. Id. at 1309. The plaintiff timely filed suit in a Michigan court. Id. Appro…
Authorities Cited
- Burnett v. N.Y. Cent. R.R. Co., 380 U.S. 424 (U.S. 1965)
- MacHules v. Dep't OF Admin., 523 So. 2d 1132 (Fla. 1988)
- Naton v. The Bank OF Cal., 649 F.2d 691 (9th Cir. 1981)
- Cocke v. Merrill Lynch & Co., Inc., 817 F.2d 1559 (11th Cir. 1987)
- Lowell M. Hallman and Eva B. Hallman v. Carnival Cruise Lines, Inc., 459 So. 2d 378 (Fla. 3d DCA 1984)