Johnson v. Swedish Transatlantic Lines (Rederiaktiebolaget Transatlantic)

OPINION

WHITMAN KNAPP, District Judge.

Defendant moves for summary judgment on the ground that plaintiff’s action to recover for injuries suffered while a passenger aboard defendant’s ship is time-barred under Clause 22 of the standard-form contract signed by plaintiff when he paid for his ticket. Plaintiff concedes that the action was not brought within one year from the accident, as required by the contractual provision, but asserts that the clause is unenforceable.

Both parties agree that Swedish law governs the validity of the contract, and thus that under Rule 44.1 the issue is one for the…