Case Conclusion Date: 05.25.2010
Practice Area: Admiralty and maritime
Outcome: United States District Judge James Lawrence King Entered an Order In Favor of Brais & Brais' Client Denying Carnival's Motion to Dismiss and Granting Florian's Motion to Remand Cause Back to State Court
Description: Carnival crewmember sued for shipboard personal injuries, failure to provide Jones Act prompt, proper and adequate medical care, unseaworthiness, maintenance and cure benefits and tender of substandard medical by Carnival's selected doctors in Peru. Florian was originally treated and diagnosed in Miami, Florida but was repatriated to Peru allegedly due Carnival's inability to keep Florian in Miami, Florida for medical treatment based upon "immigration issues." Carnival removed the claim from state to federal court pursuant to The Aribitration Act and later moved for dismissal of the claim, in favor of arbitration per terms within the crewmember's employment contract in a foreign jursidiction. The crewmember moved for the case to be remanded because Carnival produced only a signed contract for a previous contract of employment, but not a contract for the period of employment during which Florian suffered his injuries. Carnival submitted an affidavit claim that Florian could never have boarded the ship to begin his second employment contract unless he signed a contract of employment. Carnival further claimed the subject contract was lost. Florian submitted an affidavit that he was never presented with or signed an employment contract at the beginning of his second period of employment with Carnival.