Julius Korn v. Royal Caribbean Cruise Line, Inc.

724 F.2d 1397, 38 Fed. R. Serv. 2d 699, 1984 U.S. App. LEXIS 25914
CourtCourt of Appeals for the Ninth Circuit
DecidedJanuary 31, 1984
Docket83-5567
StatusPublished
Cited by50 cases

This text of 724 F.2d 1397 (Julius Korn v. Royal Caribbean Cruise Line, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Julius Korn v. Royal Caribbean Cruise Line, Inc., 724 F.2d 1397, 38 Fed. R. Serv. 2d 699, 1984 U.S. App. LEXIS 25914 (9th Cir. 1984).

Opinions

J. BLAINE ANDERSON, Circuit Judge:

Julius Korn appeals a district court denial of his motion for leave to file an amended complaint pursuant to Fed.R.Civ.P. 15(c). We granted permission to appeal the interlocutory order based upon the district court’s certification under 28 U.S.C. § 1292(b). We reverse.

I. BACKGROUND

On August 31, 1980, while a passenger aboard the cruise ship M/S “Song of Norway,” Julius Korn suffered a knee injury during a fall on the ship’s basketball court. Following a consultation with the ship’s doctor and a subsequent visit with an orthopedist in Puerto Rico, Mr. Korn curtailed his cruise and returned to his home in California where he underwent surgery to repair the damaged knee.

Shortly thereafter, Mr. Korn’s ticket, together with those of his wife and two daughters, were returned to the passenger control officer of Royal Caribbean Cruise Line, Ms. Ordonoz, by the Korns’ travel agent. The agent’s letter informed Ms. Or-donoz of Mr. Korn’s misfortune and requested assistance in obtaining reimbursement for the unused portion of the Korn family’s cruise tickets.

In October, 1980, Bradley D. Marcus wrote to Royal Caribbean Cruise Line, Inc. (RCCL Inc.), informing the corporation that he had been retained by Mr. Korn to assist in obtaining a recovery for the injuries sustained as a result of the accident. RCCL Inc. had been identified on the cruise tickets as the general sales agent.

In response, Mr. Marcus was notified that his letter had been forwarded to a Mr. Edward C. Greenop of Caribbean Marine Associates, Inc., for his reply to the personal injury correspondence of Mr. Marcus. Marcus was later informed that Mr. Greenop was the person who usually handled accident claims for RCCL Inc. Mr. Greenop advised that the circumstances surrounding the matter were being examined and requested additional information from Mr. Marcus; he also advised that there might be a possibility of “concluding” the matter. Correspondence continued between Greenop and Marcus, culminating in a letter from Marcus on June 16, 1981. This letter sought to ascertain the response of Mr. Greenop’s principals concerning the possibility of settlement of Mr. Korn’s claim. When no reply was forthcoming, suit was filed on behalf of Mr. Korn.

The complaint, filed July 31,1981, alleged negligence on behalf of the ship owner and sought to recover damages from the named defendants, RCCL Inc. and Does 1 through 10, inclusive. Service of process was attempted by mail to RCCL Inc.’s designated agent for service, a Mr. James Hurley of Miami, Florida. When no response was received, service was effected on RCCL Inc. by mailing the relevant documents to Mr. Greenop. This service of process was accomplished 16 days after the running of the relevant statute of limitation period on August 31, 1981.

After discovering that RCCL Inc. was not the owner of the vessel, but was instead only its marketing corporation, Mr. Korn attempted to amend his original complaint to name the proper party defendant, Royal Caribbean Cruise Line A/S. This motion, pursuant to Fed.R.Civ.P. 15(e), was denied by the district court on the ground that the failure to timely serve the named defendant prevented the party to be added from receiving the required notice. Thus, the issue to be decided here is whether RCCL A/S [1399]*1399received notice sufficient to permit its substitution as a party defendant.

II. DISCUSSION

Fed.R.Civ.P. 15(c) is the only vehicle through which a plaintiff may amend his complaint, after a statute of limitation period has run, to accurately name a defendant who was not correctly named in the pleading before the limitation period had run. Craig v. United States, 413 F.2d 854, 856 (9th Cir.1969), cert. denied, 396 U.S. 987, 90 S.Ct. 483, 24 L.Ed.2d 451 (1969) (Craig I). Under Rule 15(c), an amended complaint changing the party against whom the claim is asserted will relate back to the original complaint where:

(1) the claim asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth in the original pleading; (2) within the period provided by law for commencing the action against him, the party to be brought in by amendment has received such ‘notice of the institution of the action’ that he will not be prejudiced in maintaining his defense on the merits; and (3) within the period provided by law for commencing the action against him, the party to be brought in knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.

Id. at page 857. While it is the second condition that provided the district court a basis for its denial of the motion to amend, the first and third conditions must also be met in order for an amended complaint to relate back to the date of the original pleading. Id. On review, our task is to determine whether the decision of the district court constituted an abuse of discretion. Friends of the Earth v. Coleman, 518 F.2d 323 (9th Cir.1975).

In the instant matter, the district court determined that before a new party could be brought in under an amended complaint, actual notice of the filing of the lawsuit— accomplished by service of process — must have been effected on the originally named defendant prior to the running of the relevant statute of limitation. The court believed that this notice was necessary to fulfill the requirements of Fed.R.Civ.P. 15(c). Based on our understanding of the law of this circuit, we disagree.

This circuit has applied Fed.R.Civ.P. 15(c). In Craig I, 413 F.2d 854, a Death on the High Seas Act case was filed only three days prior to the expiration of the relevant statute of limitation. Subsequently, the plaintiff tried to add Litton Systems, Inc. as a defendant, relying on Rule 15(c). This circuit rejected the plaintiff’s motion to amend despite the fact that Litton had actual notice of the accident giving rise to the claim and had conducted a thorough investigation of the accident in regard to another case arising out of the same incident. Nonetheless, because the plaintiff was unable to show that Litton had actual notice of the institution of the Craig action prior to the expiration of the relevant limitation period, denial of the motion to amend was affirmed. Id. at 858.

Our discussion did not end there. We held that notice of the institution of an action could be either formal or informal and noted that, even if Rule 15(c) required notice of the accident rather than notice of the institution of the action, the Craig I plaintiff had failed to demonstrate that the party to be added would not be prejudiced in maintaining its defense on the merits.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Puana v. Kealoha
D. Hawaii, 2022
Owens v. VHS Acqusition Subsidiary Number 3, Inc.
2017 IL App (1st) 161709 (Appellate Court of Illinois, 2017)
Owens v. VHS Acqusition Subsidiary Number 3
2017 IL App (1st) 161709 (Appellate Court of Illinois, 2017)
Costello v. Casler
254 P.3d 631 (Nevada Supreme Court, 2011)
Custom Radio Corp. v. Passenger Transportation Specialists, Inc.
2010 OK CIV APP 93 (Court of Civil Appeals of Oklahoma, 2010)
Ogle v. Stewart
230 F. App'x 646 (Ninth Circuit, 2007)
Pan v. Bane
2006 OK 57 (Supreme Court of Oklahoma, 2006)
Polites v. U.S. Bank National Ass'n
Appellate Court of Illinois, 2005
Phillips v. Gieringer
108 P.3d 889 (Alaska Supreme Court, 2005)
Pargman v. Vickers
96 P.3d 571 (Court of Appeals of Arizona, 2004)
Zimmer v. United Dominion Industries, Inc.
193 F.R.D. 620 (W.D. Arkansas, 2000)
Schwartz v. Douglas
991 P.2d 665 (Court of Appeals of Washington, 2000)
Brink v. First Credit Resources
57 F. Supp. 2d 848 (D. Arizona, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
724 F.2d 1397, 38 Fed. R. Serv. 2d 699, 1984 U.S. App. LEXIS 25914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/julius-korn-v-royal-caribbean-cruise-line-inc-ca9-1984.