Abeid-Saba v. Carnival Corp.
184 So. 3d 593
| Fla. Dist. Ct. App. | 2016Background
- Two consolidated Florida state cases (Abeid‑Saba; Scimone II) arose from the January 13, 2012 grounding of the Italian‑flagged MS Costa Concordia off Giglio Island, Italy; most passengers and all relevant physical evidence and investigations are in Italy.
- Plaintiffs (U.S. and non‑U.S. residents) brought 12 tort counts against Carnival entities and an architect; claims largely concern conduct, design, crew, and evidence located in Italy.
- Carnival moved to dismiss both actions on forum non conveniens grounds; district court remanded to state court; state trial courts held hearings and issued detailed rulings.
- In Abeid‑Saba the trial court granted dismissal as to all plaintiffs after applying the Kinney four‑part test as modified by Cortez; trial court found Italy an adequate forum, private and public factors favored Italy, and plaintiffs could refile there.
- In Scimone II the trial court dismissed non‑U.S. plaintiffs but denied dismissal for U.S. plaintiffs; on appeal this court affirmed Abeid‑Saba, affirmed dismissal of non‑U.S. plaintiffs in Scimone II, but reversed as to the U.S. plaintiffs’ private‑interest analysis and remanded with instructions to dismiss based on the Abeid‑Saba analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequate/available alternate forum (Italy) | Italy is slow, lacks class action procedures, and is thus inadequate | Italy can adjudicate claims; Carnival stipulated to accept service, toll limitations, and respect judgments | Italy is an available and adequate forum; dismissal conditioned on Carnival's stipulations affirmed |
| Private‑interest deference to plaintiffs' forum choice | U.S. plaintiffs' choice deserves strong, dispositive weight | Most evidence, witnesses, ship, and investigations are in Italy making Florida litigation manifestly unjust | Trial court properly weighed presumption and found material injustice; Abeid‑Saba dismissal affirmed; Scimone II U.S. portion reversed for inadequate private‑interest analysis but remanded to be dismissed using Abeid‑Saba findings |
| Access to evidence and witnesses | Documentary evidence can be produced in English; some witnesses in U.S. | Critical non‑party witnesses, ship wreckage, voyage and bridge recorders, and investigative records are in Italy | Court held evidence and most witnesses are in Italy; private‑interest factor favors Italy |
| Public‑interest and ability to reinstate in Italy | Florida has strong interest in cruise safety and forum selection practices favor Florida | The core conduct, regulation, certification, and investigations occurred in Italy; duplicative parallel litigation would waste resources | Public‑interest factors favor Italy; plaintiffs can reinstate without undue prejudice due to Carnival's stipulations; dismissal affirmed/remanded as described |
Key Cases Cited
- Kinney System, Inc. v. Continental Ins. Co., 674 So. 2d 86 (Fla. 1996) (adopts four‑part forum non conveniens test)
- Cortez v. Palace Resorts, Inc., 123 So. 3d 1085 (Fla. 2013) (modifies Kinney to require consideration of public‑interest factors in all cases)
- La Seguridad v. Transytur Line, 707 F.2d 1304 (11th Cir. 1983) (discusses balancing and deference to plaintiffs’ forum choice)
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (U.S. 1981) (alternative forum adequacy and deference principles)
- SME Racks, Inc. v. Sistemas Mecanicos Para Electronica, S.A., 382 F.3d 1097 (11th Cir. 2004) (presumption stronger for U.S. plaintiffs; consider public interests)
- Ford v. Brown, 319 F.3d 1302 (11th Cir. 2003) (private‑interest analysis must begin with elements and locate necessary proof)