Fricke v. Isbrandtsen Company

PALMIERI, District Judge.

Defendant steamship line has brought this motion for summary judgment to dismiss plaintiff’s claim for injuries caused her, she has alleged, by defendant’s negligence and the unseaworthiness of its vessel. The defense which defendant urges is the expiration of the contractual one year limitation clause for bringing suit. Plaintiff contends that, notwithstanding a contractual provision pointing to United States law as governing the contract, German law controls, and that it may not give effect to the one year bar.

Plaintiff is a German national, entirely unconversant…