Seaman's Untimely Jones Act Claims Resulted In Dismissal
Flores v. Coastal Marine Equipment, Inc., 10-CV-107 (S.D. Miss. February 3, 2011) (Guirola, Jr., Chief District Judge)
Luis Beltran Flores filed suit against Coastal Marine Equipment in March 2010, asserting claims for product liability, negligence, negligence per se, misrepresentation, and gross negligence pursuant to the Jones Act, general maritime law, and other applicable state and federal laws. Flores maintained that he was injured by a defective winch, made and sold by Coastal, while he was working aboard the M/V Captain Linwood in early 2006.
Flores had filed a previous action in Texas state court, but that suit was dismissed for lack of personal jurisdiction. Flores then sued in federal district court within thirty days. Flores argued that the statute of limitations on his claims thus had to be tolled under 28 U.S.C. § 1367(d).
The district court disagreed and instead granted Coastal's motion to dismiss on the ground that Flores's complaint was barred by the applicable statutes of limitations.
The court observed that the maritime tort statute of limitations set out in 46 U.S.C. § 30106 requires that a civil action for damages for personal injury or death arising out of a maritime tort be brought within three years after the cause of action arose. The Jones Act adopts the same statute of limitations as applied to lawsuits filed under the Federal Employees' Liability Act, 45 U.S.C. § 56, which is also three years. Likewise, to the extent Flores alleged claims under Mississippi state law, that state's limitations period on products liability, misrepresentation, and negligence claims was three years.
Flores filed suit in federal district court more than four years after his injury. Thus his claims were barred as untimely unless he could establish that limitations were tolled.
The sole argument that Flores had made in that regard invoked 28 U.S.C. § 1367(d). As explained by the district court, that section "provides that state law claims that are before a federal court pursuant to the court’s supplemental jurisdiction are tolled during the pendency of the federal lawsuit and for a period of thirty days after the claims are dismissed."
The court admonished that § 1367(d) did not apply to salvage Flores's untimely claims. The section did not govern claims originally filed in state court and subsequently dismissed, but rather operates only to toll supplemental state law claims that are originally filed in federal court.
Because § 1367(d) did not toll the limitations periods applicable to Flores's suit, his claims had expired and the action had to be dismissed.
To discuss a case with an experienced maritime lawyer, contact one of our maritime attorneys online, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.
The lawyers at Arnold & Itkin LLP are aggressive maritime accident trial attorneys who understand the complexities and legalities of maritime law. Our law firm secured more than $100 million in verdicts or settlements for our clients in 2009.