HM&B Secures Dismissal of Dominican Adventure Tours Provider After Convincing Court that Contrary Precedent was Incorrectly Decided

Serra-Cruz v. Carnival Corp., No. 1:18-cv-23033-UU, 2019 U.S. Dist. LEXIS 162657 (S.D. Fla. Sep. 18, 2019).

HM&B Secures Dismissal of Dominican Adventure Tours Provider After Convincing Court that Contrary Precedent was Incorrectly Decided

Cruise passenger, Taryn Serra-Cruz sued HM&B client Wild Play, the owner/operator of an ATV shore excursion in the Dominican Republic for alleged injuries during the excursion. Serra Cruz also sued the cruise operator, which offered the excursion through an independent contractor agreement with Wild Play. Serra Cruz argued that the Court could exercise specific jurisdiction over Wild Play under Fla. Stat. § 48.193(1)(a)(9) by enforcing the forum selection provision in Wild Play’s agreement with the cruise line.  Subsection (1)(a)(9) provides for specific jurisdiction in cases that, among other things, arise or relate a contract that applies Florida law and that requires litigation in Florida. Although Serra Cruz was not a signatory to Wild Play’s agreement with the cruise operator, she argued she could enforce it as a third party beneficiary.

HM&B partner, Carlos J. Chardon, handled the matter on behalf Wild Play and briefed the issues for the Court. U.S. District Court Judge, Ursula Ungaro granted HM&B’s motion in full and dismissed Wild Play with prejudice. She also denied Plaintiff’s motion for jurisdictional discovery. Judge Ungaro agreed with HM&B’s arguments that one of the decisions that supported Plaintiff’s argument was distinguishable and the other misapplied the law. Instead, Judge Ungaro followed Evesson v. Tabyana Tours, et al., No. 17-cv-23474-MGC, D.E. 41, 45 (S.D. Fla. June 20, 2018), the only other decision to address the specific issues before the Court. Mr. Chardon represented the shore excursion operator in Evesson and secured its dismissal after briefing the motion to dismiss and delivering oral arguments before U.S. District Court Judge, Marcia Cooke.