Frederick Mondragon, Plaintiff, vs. metro cruise services, Defendant.

Case No.: BC692267

Hearing Date: December 13, 2018

[TENTATIVE] order RE:

mOTION TO STAY OR DISMISS ACTION FOR INCONVENIENT FORUM

Plaintiff Frederick Mondragon (“Plaintiff”) sued Defendant Metro Cruise Services (“Defendant”) based on injuries he sustained when Defendant’s employee hit Plaintiff with a luggage card, causing ankle injuries. (See Complaint, ¶ 6.) Plaintiff asserts a single cause of action for premises liability. Defendant moves to dismiss the action for inconvenient forum, based upon a forum selection clause requiring Plaintiff to bring claims in the United States District Court for the Southern District of Florida or a state court in the Miami-Dade area. The Court grants the motion.

Plaintiff purchased a ticket from Carnival Corporation for a cruise on Carnival Cruise Lines. The ticket states: “[I]t is agreed by and between the Guest and Carnival that all disputes and matters whatsoever arising un