CRUISE SHIPS CATERING AND SERVICES INTERNATIONAL, N.V., PRESTIGE CRUISES, N.V., AND COSTA CROCIERE, S.P.A., APPELLANTS,
v.
ORIEL TANANTA, APPELLEE

Fla. 3d DCA | 2002-08-07
No. 3D01-2920
Before GERSTEN, SHEVIN and SORONDO, JJ.
823 So. 2d 258 Florida District Court of Appeal, Third District (2002) Positive Treatment
Cited by 7 cases

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.


Holding

The appellate court held that the trial court erred in denying the motion to dismiss based on forum non conveniens, as the analysis requires dismissal in favor of an alternate forum.


Headnotes

[1] A court must apply the four-step forum non conveniens analysis to determine if dismissal is appropriate.

[2] An adequate alternate forum exists if defendants are amenable to process and affidavits attest that plaintiff can recover damages in that jurisdiction.

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

Facts & Procedural History

A Peruvian seaman was injured on a cruise ship in international waters and sued in Florida. The defendants sought dismissal based on forum non conveni…

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.


Opinion of the Court
SHEVIN, Judge.

SHEVIN, Judge.

Defendants Cruise Ships Catering and Service International, N.V., Prestige Cruises, N.V., and Costa Crociere, S.p.A., appeal the denial of their motion to dismiss based on forum non conveniens. We reverse.

Oriel Tananta, a Peruvian seaman, injured his back in a slip and fall accident aboard the cruise ship Costa Marina, while the ship was in international waters off the coast of Argentina. Tananta is a waiter employed by Cruise Ships Catering and Service International, N.V. [“CSCS”], a Netherlands Antilles corporation: he executed his employment contract in Peru. Prestige Cruises, N.Y., a Netherlands Antilles corporation, bare-boat chartered the ship, which is owned by Costa Crociere, an Italian corporation. None of the defendants have offices in Florida. However, Costa Cruise Lines, N.V., the marketing agent for Costa Crociere, is located in Florida.

After onboard treatment by the ship’s doctor, an Italian national, Tananta was treated for his injuries in Argentina, Brazil, and Peru, where he resides. He underwent back surgery in Florida. Tanan-ta’s maintenance and cure benefits are administered by International Risk Services, Inc., pursuant to its contract with CSCS. International Risk’s office is located in Florida. Tananta hired a Florida attorney and filed suit in Miami-Dade County against defendants asserting claims for Jones Act negligence, unseaworthiness, and maintenance and cure. Defendants sought dismissal on forum non conveniens grounds, contending that Peru or the Netherlands Antilles was the more convenient forum. The trial court denied the motion to dismiss.

We reverse. The application of the four-step forum non conveniens analysis set forth in Kinney System, Inc. v. Continental Insurance Co., 674 So. 2d 86 (Fla.1996), requires dismissal. First, either Peru or the Netherlands Antilles provide an adequate alternate forum. Defendants affirm that they are amenable to process in either jurisdiction and they submitted affidavits attesting that Tananta could recover damages for his injury in either jurisdiction. See La Reunion Francaise, S.A. v. La Costena, 818 So. 2d 657 (Fla. 3d DCA 2002); Aerolineas Argentinas, S.A. v. Gimenez, 807 So. 2d 111 (Fla. 3d DCA 2002); Calvo v. Sol Melia, S.A., 761 So. 2d 461 (Fla. 3d DCA 2000); Pearl Cruises v. Bestor, 678 So. 2d 372 (Fla. 3d DCA 1996), review denied, 689 So. 2d 1068 (Fla.1997).

Second, the private factors weigh in favor of the alternate fora. The record reveals that the majority of the relevant documentary evidence and witnesses 'are located or accessible in Peru or the Netherlands Antilles; the only evidence here is of Tananta’s surgery and his claim’s file at International Risk; a judgment may be enforced in the alternate fora; and the “practicalities and expenses” of litigation militate in favor of the alternate fora. See La Reunion Francaise, S.A., 818 So. 2d 657; Aerolineas Argentinas, S.A., 807 So. 2d at 111.

However, even if we assume that the private factors are in or near equipoise, the public factors tip the balance in favor of the alternate fora. Florida has no interest in an accident which occurred onboard a ship off the coast of Argentina to a Peruvian citizen while he was working for a foreign corporation on a ship owned and operated by foreign corporations with no offices in Florida even though he has received some medical treatment in Florida.1 See Calvo, 761 So. 2d at 463-64; Resorts Int'l Inc. v. Spinola, 705 So. 2d 629 (Fla. 3d DCA), review denied, 718 So. 2d 170 (Fla.1998). In addition, Costa Cruise Lines’ presence in Florida is of no moment as the substantive liability does not involve that entity. See Calvo, 761 So. 2d at 463-64; Pearl Cruises v. Cohon, 728 So. 2d 1226 (Fla. 3d DCA), review denied, 744 So. 2d 453 (Fla.1999); Resorts Int’l, 705 So. 2d at 629. Finally, the Florida presence of International Risk, the employee benefits administrator, does not render Florida’s connection to this case more than minimal, at best. See Cohon, 728 So. 2d at 1227. See also Aerolineas Argentinas, S.A., 807 So. 2d at 111. The alternate fora have greater interests in resolving this dispute: Peru has a greater interest in protecting its citizen and the Netherlands Antilles has a significant interest in punishing an alleged wrongdoer in its jurisdiction. See Calvo, 761 So. 2d at 464; Bestor, 678 So. 2d at 372.

Finally, Tananta can reinstate his claims in an alternate forum without undue inconvenience or prejudice. Defendants have stipulated to jurisdiction in Peru or the Netherlands Antilles and have waived any limitations defenses. See Fla. R. Civ. P. 1.061(b), (c).

Accordingly, we reverse the order and remand with directions to enter an order dismissing the defendants without prejudice to plaintiff refiling this action in an alternate forum.

Reversed and remanded.

. Tananta’s Florida medical treatment is not at issue. Calvo v. Sol Melia, S.A., 761 So. 2d 461 (Fla. 3d DCA 2000).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …reafter “IRSI”) — to administer medical benefits and claims for its unlicensed crew member-employees.2 [*880] III.. The Propriety of Applying Doctrine of Forum Non Conveniens and our precedent in Cruise Ships Catering and Services Int’l v. Ta-nanta, 823 So. 2d 258 (Fla. 3d DCA 2002). Despite their tenuous connection to our shores, each of the foreign seamen filed an action in Miami-Dade County seeking damages for Jones Act negligence, unseaworthiness, and maintenance and cure. The first of these cases that p…
    1 / 4
  • Mursia Invs. Corp. v. Industria Cartonera Dominicana, 847 So. 2d 1064 (Fla. 3d DCA 2003)
    …orida. “Even the fact that a corporation has its principal place of business in Florida does not necessarily preclude application of the doctrine of forum non conve-niens.” Id. at 93. See also Cruise Ships Catering and Servs. Int'l, N.V. v. Tananta, 823 So. 2d 258, 260 (Fla. 3d DCA 2002) (dismissal appropriate when alternate forum has a greater interest in resolving the dispute). Thus, the plaintiffs’ connection to Florida is tenuous and Mursia’s connection to Florida does not preclude dismissal. We further…
  • Membreño v. Costa Crociere, 347 F. Supp. 2d 1289 (S.D. Fla. 2004)
    …a, and the Caribbean. 8 Moreover, Florida state courts addressing this issue have held that “Costa Cruise Lines’ presence in Florida is of no moment as the substantive liability does not involve that entity.” CSCS Int’l, N.V. v. Tananta, 823 So.2d 258, 260 (Fla. 3d DCA 2002); Calvo v. Sol Melia, S.A., 761 So.2d 461, 464 (Fla. 3d DCA 2000) (“The presence in Florida of corporate subsidiaries whose , conduct is unrelated to the claim is not relevant.”). IRSI, on the other hand, is merely a con…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw