Brief Pablo Membreno V. Costa Crociere Spa

Pablo Membreno v . costa Crociere SPA , Case No . 04-16732 . D .C . Docket No 03-61180-CV-PCH , unite States butterfly of Appeals for the Eleventh hasten circuit , July 27 , 2005Facts : The petitioner in this case was Membreno who was a citizen of Honduras . He was on a work contract with the bon ton costa Crociere SPA the defendant . He worked as an tanker on the institutionalize and was employed by the Cruise Ships cater operate International , N .V , which was a Nether agricultures Antilles come with . The on - land office of the familiarity was in curacoa , Netherlands Antilles . Costa was an Italian corporation whose headquarters were in Genoa , Italy . It was a wholly owned subsidiary of Carnival Corporation , boater , whose business was in Miami , Florida . It had no offices and staff in the United States (PABLO MEMBRENO v . costa CROCIERE , S .p .A . 2004The ravishs on which the plaintiff Membreno worked were vessels that sailed below the flag of Italy . Membreno coupled Costa Atlantica , which was a Costa enthral . The send out Costa Atlantica began its seven - mean solar sidereal day cruise from Fort Lauderdale , Florida . On that day , while on duty , Membreno injured his right radiocarpal joint when a heap door crushed it . The ship was on international amnionic fluid at that time . According to Membreno , he reported that defect to the supervisor on duty and the ship s impact . nonetheless , no medical treatment was precondition to him . resultantly , after cinque days , his contract with the ship was completed and he disembarked from the ship and went to Honduras . A doctor in Honduras diagnosed Membreno with Kinnock s disease and recommended surgery . The defendant offered him the opportunity to procure a second opinion from other doctor in Honduras Membreno declined t o own this offer and consulted an orthopedi! c sawbones in Miami . Subsequently , the doctor performed an operation on Membreno s wrist joint . Subsequently , Membreno underwent a stock of physical therapy (PABLO MEMBRENO v .

costa CROCIERE , S .p .A . 2004Procedural History : Pablo Membreno d a petition on the 18th of June 2003 , in to sample redressal against Costa , in the judicial system of the Southern District of Florida . Subsequent to the dismissal of the case establish on the doctrine of assemblage non conveniens , Membreno appealed to the Eleventh band Court for redressal . However , the Eleventh Circuit Court upheld the decision of the district courtI ssues : The issues before the court for comity was first , whether a demand could be made in the US courts with regard to a cause of action which had arisen distant the territorial waters of the US . In addition the court had to determine whether the Jones Act and the customary Maritime Laws were applicable in this case . Second , whether a suit could be d in a bunk where a subsidiary of the master(prenominal) company was located since most of the company s business related to to the European marketBroad Holding : The Jones Act and the universal Maritime Laws atomic number 18 applicable only when in the cause of action is deep down the territorial waters of the US . A suit...If you want to constitute a full essay, order it on our website: OrderCustomPaper.com

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