Dismissal with Prejudice in Maritime Injury Case

Our client faced a personal injury lawsuit filed more than three years after an alleged December 2020 incident. The plaintiff claimed injuries from slipping and falling on an allegedly defective staircase aboard a vessel docked at Grove Harbor Marina.

David N. Gambach, a partner at Hamilton, Miller, and Birthisel, recognized this case presented a clear statute of limitations defense under maritime law. He developed a comprehensive motion to dismiss focusing on two critical legal determinations:

1. Establishing Maritime Jurisdiction: We successfully demonstrated that the incident fell under maritime law by satisfying both required tests:
   • Locality Test: The incident occurred on navigable waters at Grove Harbor Marina
   • Nexus Test: The incident had potential impact on maritime commerce and substantial relationship to traditional maritime activity
2. Applying the Maritime Statute of Limitations: We argued that the applicable three-year statute of limitations under 46 U.S.C. § 30106 had expired, making the plaintiff’s claims time-barred.

On July 16, 2025, the Honorable Judge Fabienne E. Fahnestock granted the Motion to Dismiss with prejudice, completely eliminating our client’s liability and preventing any possibility of refiling.

This case reinforces important precedents in maritime law, particularly:

• The broad application of admiralty jurisdiction for vessel-related incidents
• The strict enforcement of maritime statutes of limitations
• The distinction between maritime and land-based personal injury claims