Rams v. Royal ( 1994 )


Menu:
  • March 23, 1994    UNITED STATES COURT OF APPEALS
    FOR THE FIRST CIRCUIT
    No. 93-1802
    MARIAN RAMS AND LEONARD RAMS,
    Plaintiffs, Appellants,
    v.
    ROYAL CARIBBEAN CRUISE LINES, INC.,
    Defendant, Appellee.
    ERRATA SHEET
    The  opinion of  this  court issued  on  March 3,  1994,  is
    amended as follows:
    On page 2, line 9, change "May 8, 1992," to "April 6, 1990."
    UNITED STATES COURT OF APPEALS
    FOR THE FIRST CIRCUIT
    No. 93-1802
    MARIAN RAMS AND LEONARD RAMS,
    Plaintiffs, Appellants,
    v.
    ROYAL CARIBBEAN CRUISE LINES, INC.,
    Defendant, Appellee.
    APPEAL FROM THE UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF MASSACHUSETTS
    [Hon. Walter Jay Skinner, U.S. Senior District Judge]
    Before
    Selya, Circuit Judge,
    Coffin, Senior Circuit Judge,
    and Cyr, Circuit Judge.
    James M. Lynch  with whom Geoffrey  A. Domenico was  on brief  for
    appellants.
    Frank H. Handy, Jr. for appellee.
    March 3, 1994
    COFFIN,  Senior  Circuit  Judge.    This  appeal  tests  the
    applicability of a  one year limitation provision  in a passenger
    cruise  ticket to an injury suffered by a passenger while ashore,
    on  hotel property  owned  by the  same  entity which  owned  and
    operated the cruise vessel.
    In the  spring of 1990, plaintiffs, Marian and Leonard Rams,
    residents of Massachusetts, embarked  on a Caribbean cruise  on a
    ship  owned by defendant,  Royal Caribbean Cruise  Lines, Ltd., a
    Florida  corporation.   On  April  6,  1990,  while  on  a  shore
    excursion in Haiti at  a tourist resort owned by  defendant, Mrs.
    Rams fell on a  walkway, sustaining injuries.  A little  over two
    years  later,  both  Rams  filed suit,  alleging  that  defendant
    "negligently maintained a  defective and dangerous  condition" on
    the walkway, and seeking damages  for personal injuries and  loss
    of consortium.
    On  the  strength of  an affidavit  containing  a copy  of a
    ticket contract identical to  that given to plaintiffs, defendant
    moved for summary judgment,  asserting that plaintiffs had failed
    to  institute  suit within  the one  year  period allowed  by the
    contract.1   The Rams argued that their  claim was not covered by
    1The contract provides, in relevant part:
    In  no  event shall  the  Carrier  be  liable  for  any
    accident or harm to the Passenger which occurs off the
    Vessel itself.
    . . .
    NO SUIT  SHALL BE  MAINTAINABLE AGAINST THE  CARRIER OR
    VESSEL FOR  DELAY,  DETENTION, PERSONAL  INJURY, ILLNESS  OR
    DEATH  OF THE PASSENGER UNLESS WRITTEN  NOTICE OF THE CLAIM,
    WITH  FULL PARTICULARS, SHALL BE DELIVERED TO THE CARRIER OR
    ITS AGENT AT  ITS OFFICE AT  THE PORT OF  SAILING OR AT  THE
    -3-
    this time limitation, and urged the court to apply the three year
    statute of limitations for tort actions provided by Massachusetts
    law, Mass. Gen. L. ch. 260   2A (1992).
    The  district court engaged in  a maritime tort law analysis
    and,  apparently on the  assumption that the  complaint alleged a
    failure  to  warn,  concluded  that  a  carrier's  duty  to  warn
    passengers  of  on-shore hazards  was  so  intimately related  to
    traditional carrier-passenger relationships that the tort in this
    case  was maritime in nature even though occurring at the resort.
    It  then  disavowed part  of  the ticket  contract  exempting the
    carrier  for  liability for  off-the-ship  injuries  as being  in
    contravention of public policy; noted that the ticket's  one year
    limitation  provision complied with governing  law, as it met the
    statutory requirement of 46 U.S.C.   183b(a)  (making it unlawful
    for owners of passenger-transport  ships to provide a statute  of
    limitations  of less than one  year for institution  of suits for
    loss   of   life  or   bodily   injury),   and  the   "reasonable
    communicativeness" standard  applicable to contracts  of passage,
    see,  e.g., Lousararian v. Royal Caribbean Corp., 
    951 F.2d 7
    , 8-9
    (1st Cir.  1991); and applied  the limitation provision  to grant
    summary judgment for defendant.
    PORT  OF TERMINATION WITHIN SIX (6) MONTHS FROM THE DAY WHEN
    SUCH DELAY, DETENTION, PERSONAL  INJURY, ILLNESS OR DEATH OF
    THE PASSENGER OCCURRED AND  IN NO EVENT SHALL ANY  SUCH SUIT
    FOR  ANY CAUSE  AGAINST  THE CARRIER  OR  VESSEL FOR  DELAY,
    DETENTION, PERSONAL INJURY, ILLNESS OR DEATH BE MAINTAINABLE
    UNLESS SUCH SUIT SHALL BE COMMENCED WITHIN ONE (1) YEAR FROM
    THE DAY WHEN THE  DELAY, DETENTION, PERSONAL INJURY, ILLNESS
    OR  DEATH OF  THE  PASSENGER OCCURRED,  NOTWITHSTANDING  ANY
    PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.
    -4-
    Our own view is that this case does not require  us to delve
    into either  the locality  or nexus  requirements for  a maritime
    tort under  Executive Jet Aviation,  Inc. v. Cleveland,  
    409 U.S. 249
     (1972).  We view this as a straightforward contract case.  To
    illustrate why  we think maritime tort  considerations merely fog
    the  issue, we hypothesize the  following: if the  ticket in this
    case  had explicitly set forth  a one year  limitation period for
    any personal injury claims, whether the injuries were suffered on
    ship  or shore,  we  strongly suspect  that  this suit  would  be
    barred,  whether or not the tort were maritime in nature, because
    such  a  provision would  meet  the  threshold one  year  minimum
    requirement of 46 U.S.C.   183b(a).
    The  salient   question  in  our  minds   is  whether  this
    particular  ticket  contract  limitations  provision  applies  to
    claims based  on injuries suffered  on shore after  the passenger
    clearly  has left the ship.  The  contract in this case being one
    for "transportation of the plaintiff," it is a maritime contract.
    The Moses  Taylor, 
    71 U.S. 411
    ,  427 (1866); see  also Hodes  v.
    S.N.C.  Achille Lauro  ed Altri-Gestione, 
    858 F.2d 905
    ,  909 (3d
    Cir. 1988).   We see, however, nothing in this fact to change the
    ordinary strictures  governing our plenary review  of the meaning
    of a written contract,  including the principle that "in  case of
    doubt, an instrument  is to be taken against  the party that drew
    it."  Chelsea Industries, Inc. v. Accuray Leasing Corp., 
    699 F.2d 58
    ,  61 (1st  Cir. 1983).   On  the contrary,  if there  were any
    difference  in  approach  between  maritime and  common  law,  we
    -5-
    suspect  that the  former would  be more  solicitous of  those in
    plaintiffs' position.   Cf. Moragne  v. States Marine  Lines, 
    398 U.S. 375
    , 387 (1970).
    Our inquiry into intent  and ambiguity yields the following.
    The  ticket  booklet given  plaintiffs  bears  the cover  caption
    "Passenger  Ticket  CONTRACT."    The term  "passenger"  is  then
    defined  as "all persons travelling under this ticket."  The word
    "carrier"  is defined as  "Royal Caribbean Cruises  Ltd.2 and all
    Vessels  either  chartered,  operated,  or  controlled  by  Royal
    Caribbean Cruises Ltd."  Subsequent  provisions exclude liability
    of the carrier "for  any accident or harm to the  Passenger which
    occurs off the vessel itself" or "occurring onshore"  and specify
    that  "[s]hore excursions are operated by independent contractors
    and the Carrier shall not be responsible . . . for . . . injury .
    .  .  arising out  of any  service  provided by  such independent
    contractors."
    These  provisions  are followed  by the  limitations clause,
    which  states,  in  bold  letters,   that  "[n]o  suit  shall  be
    maintainable against the  carrier or  vessel for .  . .  personal
    injury .  . .  of the passenger  unless written  notice . .  . is
    delivered to  the carrier .  . . within  six (6) months  from the
    [date of personal  injury] . . .  and in no event  shall any such
    2The name  of the defendant appearing in  all the pleadings,
    motions, memoranda  of law,  and the  district  court opinion  is
    "Royal Caribbean  Cruise Lines, Ltd." or  "Royal Caribbean Cruise
    Lines,  Inc."   In the  ticket contract,  however, it  appears as
    "Royal Caribbean Cruises Ltd."  There has been no explanation for
    this  discrepancy.   We  do  not  suggest  that  this  has  legal
    consequences, in light of our conclusion.
    -6-
    suit . . .  be maintainable unless  such suit shall be  commenced
    within one (1) year from the day when the . . . personal injury .
    . . occurred . . . ."
    Reading the  contract  as  a whole,  we  conclude  that  its
    reasonable  intendment is to  refer to  claims of  passengers for
    injuries while  on board ship.   Not only does  the definition of
    passenger as one "travelling under this ticket" smell of the sea,
    but this  interpretation is  strongly reinforced by  the explicit
    avoidance of liability for injuries sustained on shore.  There is
    even the added statement  that shore excursions are in  the hands
    of independent contractors  for whose actions the  carrier has no
    liability.   Finally, the definition  of carrier refers  to Royal
    Caribbean  Cruises Ltd.  "and all vessels  . .  . owned"   by it.
    There is no mention of "hotels or resorts" owned by it.  As Judge
    Aldrich wrote for our court in Chelsea Industries, "He who speaks
    should speak  plainly or the other  party may explain to  his own
    advantage."   
    699 F.2d at 61
     (quoting  Opportunity Consultants,
    Inc. v. Tugrul, 
    354 N.E.2d 698
    , 699 (Ohio 1976)).
    Although  we believe  that the above  reading of  the ticket
    contract  is  correct,  we  have absolutely  no  doubt  that  the
    contract is at  the very  least ambiguous and  that therefore  it
    must  be construed against the  defendant.  Finally,  even if the
    relevant provisions were to escape the meaning we ascribe to them
    and to hurdle the  obstacle of ambiguity, they would fail to meet
    our  standard of "reasonable  communicativeness" under such cases
    as  Lousararian.   We  could not  say,  for example,  that  after
    -7-
    examining "the facial  clarity of the  ticket contract" that  the
    "language   and   appearance   make   the   relevant   provisions
    sufficiently obvious and understandable."  Id. at 8.
    The grant of  summary judgment for defendant is reversed and
    the  case  is  remanded  to   the  district  court  for   further
    proceedings consistent with this opinion.
    -8-