Jose Gutierrez v. Diana Investments Corporation Aloceans Shipping Company, Ltd., a Panamanian Corporation

Plaintiff, Jose Gutierrez, appeals from a summary judgment in which the district court concluded that it had no subject matter jurisdiction over plaintiffs claim. Gutierrez, an alien seaman, had sought to recover for personal injuries sustained while on board ship. Federal jurisdiction was predicated on the Jones Act, 46 U.S.C.App. § 688, and on the general maritime laws of the United States. 28 U.S.C. § 1333. Applying a choice-of-law analysis, the district court concluded that neither the Jones Act nor general admiralty and maritime law apply to the facts of this case. We agree and will…