The “Carnival Dream” Ticket to Dismiss Plaintiff’s Injury Claim Comes in Bold Type, as the Eastern District Enforces the Strict Interpretation of Maritime Contract Law
Melancon v. Carnival Corp., 2020 WL 972710 (E.D. La. February 28, 2020)
Melancon v. Carnival Corp., 2020 U.S. Dist. LEXIS 34735 (E.D. La. February 28, 2020)
By: Tristan G. Gruspier
The United States District Court for the Eastern District of Louisiana granted the defendant’s motion to dismiss after ruling the plaintiff failed to prove she lacked the capacity to consent to the Ticket Contract regardless of her handicap status. The plaintiff argued that her muteness, hearing loss, visual impairment, and functional illiteracy prevented her from forming the necessary capacity to consent to the terms of the Ticket Contract.[1] The court, recognizing the plaintiff’s lifelong challenges, nevertheless ruled that she agreed to the terms of the Ticket Contract.[2]
The plaintiff, a resident of Louisiana, is deaf, mute, visually impaired, and functionally illiterate.[3] Shortly after boarding the ship Carnival Dream, plaintiff alleged she was injured after slipping on a foreign substance.[4] Three years to the day, Ms. Melancon filed her complaint against Carnival Corporation (“Carnival”) alleging her injuries continue to cause pain, along with physical and mental suffering.[5] Carnival immediately moved to dismiss on the grounds that the plaintiff failed to bring the suit within the stipulated period in the Ticket Contract.[6]
After determining the Ticket Contract is a maritime contract, the court looked to the Restatement (Second) of Torts for guidance in determining whether or not each party assented to the contract.[7] While the plaintiff alleged her numerous impairments prevented her from forming the necessary capacity, the court honed in on the fact that the plaintiff never alleged incompetence to enter into a contract or that she was fraudulently induced by Carnival to accept the terms.[8] As a result, the judge enforced the well-known principle that those who sign a written instrument, even without reading its terms, will be bound by the instrument’s terms.[9] One such clause, highlighted in bold type, included the Congressionally authorized prescriptive period of one year for personal injury actions against cruise lines.[10] As a result of this term, and finding that the Ticket Contract is binding, the plaintiff’s case was dismissed as the claims had previously prescribed.[11]
[1] Melancon v. Carnival Corp., No. 20-34735, 2020 WL 972710, at *9 (E.D. La. Feb. 28, 2020)
[2] See Id. at *11
[3] Id. at *2
[4] Id.
[5] Id.
[6] Id. at *3
[7] Id. at *8
[8] Id. at *11
[9] Id. at *10 (citing Am. Heritage Life Ins. Co. v. Lang, 321 F 3d. 533, 538 (5th Cir. 2003)
[10] Id. at *12 (citing 46 U.S.C.A. § 30508(b)(2)
[11] See Id. at *16
