Peru

MEMORANDUM **

Cheryl Peru, a tourist photographer injured while ascending a ladder on board the naval-historical museum located inside the USS Missouri, filed this negligence action in federal district court against the USS Missouri Memorial Association and others (MMA) invoking maritime jurisdiction. See 28 U.S.C. § 1333 . The district court granted MMA’s motion to dismiss for lack of jurisdiction, concluding that the activity involved does not have the potential to disrupt maritime commerce. We have jurisdiction to review this decision pursuant to 28 U.S.C. § 1291 , and we affirm.

A party invoking federal admiralty jurisdiction over a tort claim, under 28 U.S.C. § 1333 (1), “must satisfy conditions both of location and of connection with maritime activity.” Grubart v. Great Lakes Dredge & Dock Co., 513 U.S. 527, 534 , 115 S.Ct. 1043 , 130 L.Ed.2d 1024 (1995); see also Sisson v. Ruby, 497 U.S. 358, 363-65 , 110 S.Ct. 2892 , 111 L.Ed.2d 292 (1990). The MMA concedes that the location condition is satisfied because the USS Missouri is “moored on navigable waters in Pearl Harbor----” Thus, the only issue we must address is whether the incident at issue satisfies the connection…