DeNICOLA v. CUNARD LINE LTD.

No. 80-1215.

642 F.2d 5 (1981)

Claire DeNICOLA, Plaintiff, Appellant, v. CUNARD LINE LIMITED, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 6, 1981.

Rehearing Denied March 30, 1981.


Attorney(s) appearing for the Case

Leo M. Goldberg, Providence, R. I., and Joseph R. Palumbo, Jr., Newport, R. I., with whom Goldberg & Goldberg, Providence, R. I., and Moore, Virgadamo & Lynch, Ltd., Newport, R. I., on brief for plaintiff, appellant.

Robert D. Parrillo, Providence, R. I., with whom A. Lauriston Parks, and Hanson, Curran & Parks, Providence, R. I., on brief, for defendant, appellee.

Before CAMPBELL and BOWNES, Circuit Judges, NELSON, District Judge.


NELSON, District Judge.

At issue in this appeal is the enforceability of a condition in an ocean voyage ticket limiting the time in which a passenger can bring an action against the carrier for personal injury. On November 22, 1975, while sailing from France to Boston aboard the Queen Elizabeth II, the plaintiff sustained an injury when the ship lurched in heavy seas. Almost twenty-two months later, on September 12, 1977, she brought suit against the shipowner, alleging...

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