Lorraine Ferguson v. Horizon Lines

MEMORANDUM

Plaintiff Lorraine Ferguson appeals the district court’s grant of summary judgment in favor of defendant Horizon Lines, Inc. (“Horizon”). Ferguson alleges that she was assaulted and sexually harassed by Andrei Tretyak, a seaman employed by Horizon. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

“We review a district court’s grant of summary judgment de novo, and may affirm on any basis supported by the record.” Gordon v. Virtumundo, Inc., 575 F.3d 1040, 1047 (9th Cir.2009). “We determine, viewing the evidence in the light most favorable to the nonmoving party, whether the district court correctly applied the relevant substantive law and whether there are any genuine issues of material fact.” Nat'l Ass’n for the Advancement of Multijurisdiction Practice v. Berch, 773 F.3d 1037, 1044 (9th Cir.2014).

1. California law, rather than general maritime law, governs this case. A case is governed by maritime law if it falls within our maritime jurisdiction. Victory Carriers, Inc. v. Law, 404 U.S. 202, 204 , 92 S.Ct. 418 , 30 L.Ed.2d 383 (1971). In tort cases such as this, we use a two-part test to determine whether maritime law applies. “First, the tort must…