Charlene I. Johnson v. Royal Caribbean Cruises, Ltd.
449 F. App'x 846
11th Cir.2011Background
- Johnson, a passenger on Royal Caribbean’s Oasis of the Seas, signed an electronic Onboard Activity Waiver releasing Royal from injuries arising from shipboard activities.
- The FlowRider attraction injured Johnson when an instructor allegedly deviated from safety guidelines by instructing her to stand on a body board while the instructor held it.
- The FlowRider guidelines state body boards should be used lying down; Johnson fell when the instructor released the board.
- Johnson sued for negligence; Royal moved for summary judgment arguing the waiver precluded recovery.
- The district court granted Royal’s motion, ruled general maritime law did not apply or, if applied, that the waiver was enforceable, and Johnson appealed.
- The Eleventh Circuit reverses, holds the waiver void under 46 U.S.C. § 30509, and remands for proceedings consistent with this opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is 46 U.S.C. § 30509 plainly voiding waivers in passenger contracts on U.S.–foreign port voyages? | Johnson argues § 30509 voids the waiver. | Royal contends either § 30509 does not apply or allows enforceability. | Yes; § 30509 is plain and unambiguous, voiding the waiver. |
Key Cases Cited
- United States v. Silva, 443 F.3d 795 (11th Cir. 2006) (plain-language approach to statutory interpretation)
- 62 Cases of Jam v. United States, 340 U.S. 593 (1951) (requirement to interpret words as Congress expressed)
- Jerome Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527 (U.S. 1995) (establishes federal admiralty jurisdiction principles)
- Doe v. Celebrity Cruises, Inc., 394 F.3d 891 (11th Cir. 2004) (applies general maritime law in cruise ship context)
- Wilkinson v. Carnival Cruise Lines, Inc., 920 F.2d 1560 (11th Cir. 1991) (discussion of admiralty and waiver issues)