Jimenez v. Peninsular & Oriental Steam Nav. Co.

• Decision Date: 03 March 1992
• Docket Number: No. 91-2083,91-2083
• Parties: Carmen J. JIMENEZ, Plaintiff, Appellant, v. PENINSULAR & ORIENTAL STEAM NAVIGATION COMPANY, et al., Defendants, Appellees. . Heard
• Court: U.S. Court of Appeals — First Circuit

Page 221

974 F.2d 221

Carmen J. JIMENEZ, Plaintiff, Appellant, v. PENINSULAR & ORIENTAL STEAM NAVIGATION COMPANY, et al.,

Defendants, Appellees.

No. 91-2083.

United States Court of Appeals, First Circuit.

Heard March 3, 1992.

Decided Sept. 8, 1992.

Wilfredo Segarra Miranda with whom Carlo & Troncoso, San Juan, P.R., were on brief for appellant.

Gustavo A. Gelpi with whom Feldstein, Gelpi & Gotay, Old San Juan, P.R., were on brief for appellees.

Before BREYER, Chief Judge, SELYA and CYR, Circuit Judges.

CYR, Circuit Judge.

Plaintiff Carmen Jimenez appeals the summary judgment entered in favor of P & O Cruises Ltd. and P & O Lines (Shipowners) Ltd., appellees, on the ground that her tort claims are time-barred under the one-year limitations period prescribed in the passenger ticket she purchased before

                boarding the ship on which she was injured during her Caribbean cruise.   We affirm
                

I BACKGROUND

On January 30, 1988, Jimenez boarded the Pacific Princess in Miami, Florida, for a Caribbean cruise. On February 3, she disembarked for an excursion to the island of Mayreau. As there was no suitable berthing for the Pacific Princess, small boats were used to ferry Jimenez and her fellow passengers to and from the island. Jimenez was injured upon reboarding the cruise ship.

Sometime in December 1988, Jimenez consulted legal counsel. On January 25, 1989, a complaint was filed against "Pacific and Oriental Lines d/b/a P & O Princess Cruises, Inc.," there being no party in interest so named. See infra note 1. In May, Peninsular and Oriental Lines, Ltd., was joined as a defendant, and service eventually was completed on appellee P & O Cruises Ltd., which answered the complaint notwithstanding the erroneous designation. Not until May 1990 was appellee P & O Lines (Shipowners) Ltd. finally added as a party defendant. ¹ In April 1991, the appellees, P & O Cruises Ltd. and P & O Lines (Shipowners) Ltd., moved for summary judgment on the ground that the present action had not been brought within one year from the date the cause of action arose as required in the passenger ticket issued to Jimenez. Summary judgment was granted on September 19, 1991, and Jimenez appealed.

II DISCUSSION

We review de novo to ensure that no genuine issue of material fact respecting Jimenez' three appellate claims has been overlooked and that defendants were entitled to summary judgment as a matter of law. ² See, e.g., Milton v. Van Dorn Co., 961 F.2d 965, 969 (1st Cir.1992).

1. Ambiguity in Limitations Provision

First, Jimenez asserts that an ambiguity in the terms of the time-bar precluded summary judgment. Paragraph 25 of the passenger ticket contract reads:

25. Notwithstanding any other provision contained herein, neither P & O nor any of its agents, servants, employees or ships shall be under any liability either in rem or in personam in respect of any claim whatsoever unless written notice of the claim is presented to P & O within six (6) months from the date on which the claim arose, and unless each suit or action specifically naming P & O, its agents, servants, employees or the ship as a defendant is brought or filed within one (1) year from the date on which the claim arose and valid service of process is effected within thirty (30) days thereafter. (Emphasis added.) ³

The legal determination whether a term in a maritime contract is ambiguous is for the court. ⁴ See United States ex rel. Eastern Gulf, Inc. v. Metzger Towing, Inc., 910 F.2d 775, 779 (11th Cir.1990) ("general rules of contract interpretation" govern construction of maritime contract for towage services); Garza v. Marine Transp. Lines, Inc., 861 F.2d 23, 27 (2d Cir.1988) (construing maritime "red-letter" clauses); Atlantic Dry Dock Corp. v. United States, 773 F.Supp. 335, 337-38 (M.D.Fla.1991) (applying federal maritime law); see also Carriers Container Council, Inc. v. Mobile S.S. Ass'n, 896 F.2d 1330, 1337, 1339 (11th Cir.) (non-maritime federal common law), as amended, 904 F.2d 28, cert. denied, --- U.S. ----, 111 S.Ct. 308, 112 L.Ed.2d 261 (1990); cf. ITT Corp. v. LTX Corp., 926 F.2d 1258, 1261 (1st Cir.1991) (diversity case applying Massachusetts contract law); In re Navigation Technology Corp., 880 F.2d 1491, 1495 (1st Cir.1989) (applying New Hampshire law).

The operative language provides that neither P & O (i.e., appellee P & O Cruises Ltd.), nor the associated persons and entities referenced in paragraph 25, can be held liable unless "each suit or action specifically naming" any such person or entity is brought within one year. (Emphasis added.) ⁵ Jimenez contends that the disjunctive "or," within the listing of the referenced functionaries and entities associated with P & O, ⁶ contemplates that any referenced functionary or entity encompassed within the listing may be held liable in an action brought beyond the one-year period, provided suit has been brought against at least one such functionary or entity before the one-year period expires.

The term "each suit or action" would not be accorded reasonable meaning, or indeed any significant meaning, were we to read the disjunctive "or" as permitting all listed entities to be sued beyond the one-year limitations period as long as at least one had been sued within the limitations period. In construing contract language, we endeavor to render no term meaningless. See Cohen v. Steve's Franchise Co., 927 F.2d 26, 29 (1st Cir.1991) ("A reading rendering contract language meaningless is to be avoided.") (applying Mass. law); Systemized of New England, Inc. v. SCM, Inc., 732 F.2d 1030, 1034 (1st Cir.1984) (applying the "familiar principle" that every part of a contract should be given "meaning and effect," and "those [interpretations] which reduce words to mere surplusage [should be rejected].") (applying N.Y. law); Bosse v. Litton Unit Handling Sys., Div. of Litton Sys., Inc., 646 F.2d 689, 694 (1st Cir.1981) ("It is axiomatic that constructions which render contract terms meaningless or futile are to be avoided.") (applying N.H. law). The only reasonable interpretation of paragraph 25 is that each suit not brought within the one-year period is time-barred (i.e., Jimenez' claims against any functionary or entity referenced in p 25, but not named in the only timely complaint, are not actionable). As it is undisputed that Jimenez failed to file a timely complaint against P & O Cruises Ltd., P & O Lines (Shipowners) Ltd., or the Pacific Princess, appellees are entitled to summary judgment as a matter of law.

2. Reasonableness of Notice

Jimenez contends, alternatively, that the passenger ticket did not afford reasonable notice of the one-year limitations period established in paragraph 25. As we have stated in a similar context, "[t]he 'reasonable communicativeness' of a particular ticket in particular circumstances is a question of law and, barring a genuine dispute of material fact, the determination is appropriate for resolution at the summary judgment stage of a case." Lousararian v. Royal Caribbean Corp., 951 F.2d 7, 9 (1st Cir.1991) (citing cases). The "reasonable communicativeness" inquiry is two-pronged. First, we closely examine the "facial clarity" of the ticket, id. at 8 (pertinent provisions should be "sufficiently obvious and understandable" from the "language and appearance" of the ticket). Second, we carefully consider the circumstances surrounding the passenger's " 'possession of and familiarity with the ticket,' " id. at 8-9 (quoting Shankles v. Costa Armatori, S.P.A., 722 F.2d 861, 865 (1st Cir.1983)).

We agree with the district court that the Jimenez passenger ticket, on its face, afforded reasonable notice of the one-year limitations period. At the bottom of the first page of the passenger ticket packet retained by Jimenez appears the following language: "Your attention is directed to the conditions of the contract between you and P & O which are printed on this and the succeeding pages." Although larger type would have provided greater assurance against oversight, the notice is one of only three statements on the first page that is printed in red, rather than black, ink. ⁷ At the very top of the next page appears a capitalized warning in boldface red type: "THESE ARE THE CONDITIONS ON WHICH YOU TRAVEL WITH P & O. PLEASE READ THEM CAREFULLY AS YOU WILL BE BOUND BY THEM." In block capital letters above the small but clearly legible print in paragraph 25 appears the following heading: "ACTIONS, CLAIMS AND TIME LIMITS."

Jimenez contends that the first page in the passenger ticket packet did not contain a "warning or notice of any type informing [her] that the conditions on the reverse side of the ticket were important matters...." To be sure, the notice on page one is printed in small type, for no discernible reason. Yet it is one of only three arguably complete sentences on the entire first page, and is, as we have said, highlighted in red ink. Moreover, its plain language directs the passenger to the "conditions of the contract between you and P & O ...," appearing on the next page. At the top of the next page, in red boldface type, appears the attention-getting notice: "PLEASE READ ... CAREFULLY AS YOU WILL BE BOUND...." The ticket notice was less prominent than it might readily have been made, but prominent and plain enough, we believe, as "the standard is one of reasonableness, not perfection." Lousararian, 951 F.2d at 10. See also DeNicola v. Cunard Line Ltd., 642 F.2d 5, 10 (1st Cir.1981) (enforcing similar notice provision on cover of ticket booklet, accompanied by less informative notice on individual coupons in booklet). ⁸

Our review satisfies us that it would not be unjust to enforce the one-year contract limitations period in these circumstances. Jimenez concedes that she retained possession of the ticket following the accident. Her exculpatory statements that she did not know where the ticket was when she went to see her attorney in December 1988, and had been "bedridden"...