Samuel H. Bennion, Adriana J. Bennion v. Clipper Cruise Line, a Missouri Corporation

83 F.3d 426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Samuel H. BENNION, Adriana J. Bennion, Plaintiffs-Appellants, v. CLIPPER CRUISE LINE, a Missouri corporation, Defendant-Appellee. No. 95-35089. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1996. Decided April 30, 1996. Before: FLETCHER, NOONAN, AND RYMER, Circuit Judges. 1 MEMORANDUM * FACTS AND PROCEEDINGS BELOW 2 On December 29, 1992, while on an on-shore excursion that was part of a cruise she took on a ship owned by Clipper Cruise Line, Inc., Mrs. Adriana Bennion fell and broke her ankle. A couple of days later, while in the bathroom of her cabin on board the ship, Mrs. Bennion fell and broke her wrist. Mrs. Bennion claims that she has suffered severe pain from these injuries and has had to undergo surgery and rehabilitation. 3 In September 1993, Mr. and Mrs. Bennion retained an attorney to pursue a claim against Clipper. The attorney did not file suit against Clipper until…