McAlpin Tanner Marcotte Obtains Summary Judgment And Dismissal Based On The Statute Of Limitations
A crewmember sued a major cruise line alleging failure to provide a safe workplace under the Jones Act and that the ship was unseaworthy. In a hard-fought summary judgment battle, the crewmember argued that the claims should be equitably tolled and that the cruise line should not be allowed to claim the benefit of the statute of limitations. McAlpin Tanner Marcotte convinced the judge that this was simply a case of the crewmember not diligently filing suit. The court dismissed the claims against the cruise line with prejudice.