Chang v. Carnival Corp.

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Plaintiff filed suit against defendant after she slipped and fell on one of defendant's cruise ships. On appeal, plaintiff challenges the district court's judgment for defendant. In this case, plaintiff’s cruise ticket contains several restrictions governing plaintiff’s right to sue defendant. Most importantly, the ticket contains a time limitation within which to file suit and a forum-selection clause. Plaintiff argues that she should be deemed to have satisfied the one-year limitation period because she filed suit in state court within a year and that filing equitably tolled the limitation. The court found that equitable tolling does not apply under these circumstances where defendants warned plaintiff that it intended to enforce the forum-selection clause and plaintiff nonetheless filed suit in the wrong forum. When plaintiff finally filed suit in the correct forum, she did so after expiration of the time period. Accordingly, the court affirmed the judgment. View "Chang v. Carnival Corp." on Justia Law