US Supreme Ct Revives Dismissed Lawsuit Finding Cruise Ship Should Have Known That It Would Have Been Sued

Krupski v. Costa Crociere, S.p.A.

(U.S. Supreme Court, June 7, 2010)

 

Plaintiff Krupski made a mistake in failing to name Costa Crociere, even though it was aware of its existence.  Rather,  Krupski named “Costa Cruises” a related corporate entity that had a Florida address as its listing. Both the district court and the Court of Appeals for the Eleventh Circuit dismissed the action ruling that Krupski delayed filing an amended complaint against Costa Crociere and that its identity was clearly marked on the furnished ticket which was always in Krupski’s possession.

 

The US Supreme Court reversed the lower court and found that Krupski meant to sue the company that owned the ship but mistakenly named the wrong entity.  In light of this error, the US Supreme Court stated that Costa Crociere should have known that it was not named in the lawsuit and only because of Krupski’s misunderstanding about which “Costa” entity was in charge, it would have been included in the Complaint.

 

The opinion and decision was delivered by newly appointed Justice Sotomayor.

For a copy of the decision click here

Joanna Roberto

http://www.goldbergsegalla.com/attorneys/Roberto.html

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