Rojas v. KLOSTER CRUISE, A/S

550 So. 2d 59, 1989 WL 101300
CourtDistrict Court of Appeal of Florida
DecidedSeptember 5, 1989
Docket88-855
StatusPublished
Cited by8 cases

This text of 550 So. 2d 59 (Rojas v. KLOSTER CRUISE, A/S) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rojas v. KLOSTER CRUISE, A/S, 550 So. 2d 59, 1989 WL 101300 (Fla. Ct. App. 1989).

Opinion

550 So.2d 59 (1989)

Francisco Sergio Quiroja ROJAS, Appellant,
v.
KLOSTER CRUISE, A/S, et al., Appellees.

No. 88-855.

District Court of Appeal of Florida, Third District.

September 5, 1989.
Rehearing Denied November 6, 1989.

*60 Brett Rivkind, Miami, for appellant.

Patton and Kanner and Michael F. Guilford, Miami, for appellees.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.

SCHWARTZ, Chief Judge.

On November 8, 1986, Rojas, a Chilean national who was a member of the crew of the Norwegian flag vessel, M/S Southward, one of numerous cruise ships which operate year-round in the Caribbean area exclusively out of the Port of Miami, was injured aboard the vessel while it was docked in Nassau, Bahamas. After medical attention was administered in Miami, he sued the owner of the vessel, a Norwegian corporation, in the Dade County Circuit Court on claims of Jones Act negligence, 46 U.S.C.App. § 688 (1985), and under the general maritime law as applied in the United States for unseaworthiness and maintenance and cure. Apparently based upon the facts that neither the location of the accident, the nationality of the plaintiff, the flag, nor the purported allegiance of the corporate owner of the vessel was American, the trial judge dismissed the complaint "for lack of subject matter jurisdiction." Rojas appeals and we reverse upon the holding that, notwithstanding the factors which may militate against the applicability of American law,[1] the overwhelming *61 economic and commercial contacts between the vessel and its owner and the United States — including the facts that this country is the sole port of embarkation and disembarkation for all its business, the exclusive source of its income, and the location of the predominant, if not the only, base of its day-to-day operations — require the application of our law.[2]

*62 Our conclusion[3] is based upon the decision of the Supreme Court in Hellenic Lines Ltd. v. Rhoditis, 398 U.S. 306, 90 S.Ct. 1731, 26 L.Ed.2d 252 (1970). In Rhoditis, the court held that the traditional seven factors adopted in Lauritzen v. Larsen, 345 U.S. 571, 73 S.Ct. 921, 97 L.Ed. 1254 (1953) for determining whether a given shipowner is a Jones Act employer were neither exclusive nor decisive.[4] Instead, the court said, the issue must be considered "in light of the national interest served by the assertion of Jones Act jurisdiction." Rhoditis, 398 U.S. at 309, 90 S.Ct. at 1734, 26 L.Ed.2d at 256. In Rhoditis, that particular interest was to place a United States shipowner on the same competitive basis as an alien who was engaged in an extensive business operation in our country. Rhoditis squarely held, on that theory, that the fact that the Greek corporate owner maintained a base of operations, extensive business, and broad operational contacts with the United States, overcame, as a matter of law, the fact that the traditional factors otherwise weighed heavily against the assertion of the jurisdiction of our courts. The court said,

[t]he significance of one or more factors must be considered in light of the national interest served by the assertion of Jones Act jurisdiction. Moreover, the list of seven factors in Lauritzen was not intended as exhaustive. As held in Pavlou v. Ocean Traders Marine Corp., 211 F. Supp. 320, 325, and approved by the Court of Appeals in the present case, 412 F.2d 919 at 923 n. 7, the shipowner's base of operations is another factor of importance in determining whether the Jones Act is applicable; and there well may be others.
* * * * * *
Pericles [the primary stockholder of the Greek corporate shipowner] became a lawful permanent resident alien in 1952. We extend to such an alien the same constitutional protections of due process *63 that we accord citizens. Kwong Hai Chew v. Colding, 344 U.S. 590, 596, 73 S.Ct. 472, 477, 97 L.Ed. 576. The injury occurred here. The forum is a United States court. Pericles' base of operations is New York. The Hellenic Hero was not a casual visitor; rather, it and many of its sister ships were earning income from cargo originating or terminating here. We see no reason whatsoever to give the Jones Act a strained construction so that this alien owner, engaged in an extensive business operation in this country, may have an advantage over citizens engaged in the same business by allowing him to escape the obligations and responsibility of a Jones Act "employer." The flag, the nationality of the seaman, the fact that his employment contract was Greek, and that he might be compensated there are in the totality of the circumstances of this case minor weights in the scales compared with the substantial and continuing contacts that this alien owner has with this country. If, as stated in Bartholomew v. Universe Tankships Inc., 263 F.2d 437, the liberal purposes of the Jones Act are to be effectuated, the facade of the operation must be considered as minor, compared with the real nature of the operation and a cold objective look at the actual operational contacts that this ship and this owner have with the United States. By that test the Court of Appeals was clearly right in holding that petitioner Hellenic Lines was an "employer" under the Jones Act. (footnotes omitted) (emphasis original)

Rhoditis, 398 U.S. at 309-310, 90 S.Ct. at 1734-35, 26 L.Ed.2d at 256-57. We think that Rhoditis establishes the rule that the existence of substantial contacts including the existence of an extensive base of daily operations in the United States — even when they are less significant than those presented here — itself and alone requires the applicability of our law to the particular case. This is shown by a series of decisions which so hold, even after a mandated consideration of all the pertinent factors has yielded an overwhelming predomination to the contrary. Antypas v. CIA. Maritima San Basilio, S.A., 541 F.2d 307, 310 (2d Cir.1976) (per Clark, Associate Justice, "These contacts are substantial and predominate over such factors as the ship's flag, the place of incorporation of the shipowner, and the seaman's nationality. See Hellenic Lines Ltd. v. Rhoditis, 398 U.S. 306, 90 S.Ct. 1731, 26 L.Ed.2d 252 (1970); Pavlou v. Ocean Traders Marine Corp., 211 F. Supp. 320 (S.D.N.Y. 1962). We hold that the District Court clearly erred in finding the contacts to be insubstantial and in failing to apply the Jones Act."), cert. denied, 429 U.S. 1098, 97 S.Ct. 1116, 51 L.Ed.2d 545 (1977); Moncada v. Lemuria Shipping Corp., 491 F.2d 470

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Bluebook (online)
550 So. 2d 59, 1989 WL 101300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rojas-v-kloster-cruise-as-fladistctapp-1989.