Korman

Korman v. Princess Cruise Lines, Ltd.

Good Law
243 Cal. Rptr. 3d 668·32 Cal. App. 5th 206
Court of Appeal of CaliforniaFebruary 14, 2019B290681California6,771 words

Opinion

Lead Opinion

Willhite, J.

*210 Plaintiff and appellant Barry Korman appeals from an order of the trial court dismissing his complaint against respondent Princess Cruise Lines, Ltd. for forum non conveniens. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On August 29, 2017, appellant sued respondent based on injuries appellant suffered while he was a passenger on a cruise ship operated by respondent. Appellant alleged that he was injured during a February 2017 cruise on the "Crown Princess," a cruise ship traveling from Buenos Aires, Argentina to Santiago, Chile. He alleged that respondent was aware of an impending storm, but the crew of the ship negligently failed to warn its passengers of the storm and failed to close the gym and spa on the ship. On February 11, 2017, the cruise ship "experienced high seas and tipped" while appellant was using the spa, causing him to fall and break his hip, and resulting in permanent injuries. The crew closed the gym and spa after appellant fell.

Appellant filed a complaint in Los Angeles Superior Court alleging negligence, res ipsa loquitur, and breach of contract. Respondent's counsel informed appellant's counsel that the complaint had been filed in the wrong forum,…

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