HM&B Obtains Dismissal of Suit Barred by Statute of Limitations

Mizel v. Royal Caribbean Cruises Ltd., No. 18-CV-2792 (E.D.N.Y. Apr. 7, 2019).

HM&B Obtains Dismissal of Suit Barred by Statute of Limitations

Jeffrey Mizel sued Royal Caribbean Cruises Ltd. alleging negligence and loss of consortium. A personal injury action arising out of a maritime tort must be brought within three years after the cause of action arose. The alleged injury occurred in July 2014, and the action was not filed until May 2018. Royal Caribbean moved to dismiss because the suit was barred by the general maritime law’s three year statute of limitations. The motion to dismiss was granted.

Recognizing the fatal consequences of the statute’s application, the plaintiffs argued the maritime statute of limitations provision did not apply because the tort occurred on a stop in a Turkish port (therefore, not on the high seas). Plaintiff asserted that because Royal Caribbean is based in Florida, Florida’s 4-year statute of limitations applied.

The court disagreed and held that for torts on a cruise ship, federal law applies regardless of whether the ship is in port, international waters, or U.S. waters. Thus, the court granted the motion to dismiss because the action was not filed within the 3-year statute of limitations period.