Keefe v. Bahama Cruise Line, Inc.

Opinion

 [*1320]  On June 2, 1984, plaintiff-appellee Rita Patricia Keefe boarded the S/S Vera Cruz, a cruise ship owned by defendant-appellant Bahama Cruise Line, Inc. ("BCL"), embarking on a two-day "Cruise to Nowhere." During the early hours of June 4, while dancing at the ship's outdoor discotheque, Keefe slipped and fell on a wet spot, sustaining personal injuries. Though unable to straighten her back, she did not report the incident or the slippery condition on the dance floor to any member of the ship's crew, nor did she seek medical treatment while at sea. Instead, she quietly debarked later that morning, several hours after the ship had docked in Tampa, Florida.

Continuing to experience pain as a result of her spill, Keefe visited first a chiropractor and later an orthopedic surgeon. In the fall of 1984, she retained an attorney. The lawyer, Saxton Gaskin, III, wrote to BCL on May 14,  [**2]  1985, demanding a settlement of Keefe's damages. In response, BCL's claims manager, Allison Styskal, called Gaskin, informing him that Keefe had executed a release of liability in favor of BCL and that the company had paid Keefe's medical bills in full. In addition, Styskal assured Gaskin that she would send him copies of the release and the checks.

The passage contract ticket for the voyage -- which Keefe had carried during the cruise and subsequently retained -- contained a consensual limitation of actions against BCL or the Vera Cruz. Specifically, the contract provided that suits against the carrier or cruise ship would be maintainable only if brought within one year of the date of injury. Although Gaskin knew that Keefe continued to hold the passage contract and was mindful of its time restriction for filing suit, he had neither obtained the ticket from Keefe nor filed a lawsuit when the time for instituting an action expired on June 4, 1985. Instead, Gaskin investigated Styskal's statements to determine the status of his client's claim. Unable to verify either that Keefe had signed a release or that BCL had paid any bills on her behalf, Gaskin sent Styskal a second letter, dated [**3]  July 26, 1985, describing the outcome of his inquiry and repeating the earlier demand for settlement. Gaskin threatened to file suit within three weeks unless he received a favorable response from the carrier.

Months passed without a word between the parties. Finally, by letter dated October 31, 1985, Styskal informed Gaskin that Keefe's claim against BCL was barred by virtue of the contractual limitation. On November 15, 1985, Keefe initiated this action in a Florida state court. Shortly thereafter, BCL removed the case to the United States District Court. The district court conducted a bench trial on March 15, 1988. It found in favor of Keefe and awarded her $ 7,000.00 in damages. 682 F. Supp. 1191.

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