The Eleventh Circuit Court of Appeal has affirmed an order of dismissal on forum non conveniens grounds of a case filed by an Italian citizen and Italian business for damages as a result of the Costa Concordia disaster.
In a case styled Giglio Sub, S.N.C. and Francesco Onida versus Carnival Corporation et al., the Eleventh Circuit held that the federal district court did not abuse its discretion in granting the cruise line’s motion to dismiss the case. The appellate court held that the trial court did not err in holding that Italy was an adequate and available forum for lawsuits surrounding the cruise ship capsizing to be filed.
The first sentence summed up the court’s finding, referring to the dispute as a lawsuit filed by an Italian citizen and Italian business seeking damages suffered in Italy as a result of an Italian cruise ship which ran aground off the coast of Italy.
I predicted long ago that although the Concordia was owned by Miami-based Carnival, this would be an issue resolved in the Italian court system.
Photo Credit: Telegraph