Kortney Dempsey v. Norwegian Cruise Line, a Foreign Corporation, a Division of Kloster Cruise Limited

ORDER

The memorandum disposition filed May 8, 1992, is redesignated as a per curiam opinion.

OPINION

Dempsey appeals from the district court’s summary judgment in favor of Norwegian Cruise Line (Norwegian). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

We review the district court’s summary judgment de novo. Tzung v. State Farm Fire & Casualty Co., 873 F.2d 1338, 1339 (9th Cir.1989). We must determine “whether, viewing the evidence in a light most favorable to the nonmoving party, there are any genuine issues of material fact and whether the district court applied Id. at 1339-the relevant substantive law." 40.

Dempsey argues that the district court erred by holding that her claim was barred by the one year limitations period found in Norwegian’s printed form ticket. In general, suits for personal injuries that arise out of maritime torts are subject to a three year statute of limitations. See 46 U.S.C. app. § 763a. However, Congress has also indicated that contracts may legally shorten the limitations period to one year. See id. § 183b(a).

The ticket in this case provided that suits for personal injuries must be brought within one…