Luo v. HAL Nederland NV et al

Filing 1

COMPLAINT against defendant(s) All Defendants (Receipt # 0981-2669584), filed by Huey Lin Luo. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Civil Cover Sheet)(Myers, Michael)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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HUEY LIN LUO, an individual,

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In Law and In Admiralty
No.

Plaintiff,
vs.
HAL NEDERLAND N.V., a Curacao
corporation; HOLLAND AMERICA LINE N.V.,
a Curacao corporation; HOLLAND AMERICA
LINE – USA, INC., a Washington corporation;
and HOLLAND AMERICA LINE INC., a
Washington corporation,

COMPLAINT FOR DAMAGES
DEMAND FOR JURY TRIAL

Defendants.

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COMES NOW the plaintiff herein, HUEY LIN LUO, by and through his undersigned

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attorneys of record, Michael David Myers and Myers & Company, P.L.L.C., and hereby alleges

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and asserts as follows:
I.

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PARTIES

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1.1

Plaintiff Huey Lin Luo resides in San Diego, California.

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1.2

Ms. Luo was a paying passenger aboard the ms ROTTERDAM at the time he

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sustained the injuries referenced herein.

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COMPLAINT FOR DAMAGES - 1

MYERS & COMPANY, P.L.L.C.
1530 EASTLAKE AVENUE EAST
SEATTLE, WASHINGTON 98102
TELEPHONE [phone]

1.3

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At all times material the vessel ms ROTTERDAM was owned by HAL Nederland

N.V., a Curacao corporation, and chartered by Holland America Line N.V.
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At all times material Holland America Line – USA Inc., a Washington

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corporation, and/or Holland America Line Inc., a Washington corporation, acted as the agent(s)

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of Hal Nederland N.V. and Holland America Line N.V.
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For purposes of this action HAL Nederland N.V., Holland America Line N.V.

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Holland America Line – USA Inc, and Holland America Line Inc. are referred to collectively as

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“Holland America” in that, upon information and belief, Defendants engaged in a mutually

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advantageous joint business venture to operate the vessel ms ROTTERDAM and thus are jointly
and severally liable to Mr. Luo.

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II.

JURISDICTION AND VENUE

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2.1

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Fed.R.Civ.P. 9(h).
2.2

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The jurisdiction of this Court is established pursuant to 28 U.S.C. § 1331 and

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This action is an admiralty and maritime claim within the meaning of

Venue is proper as at least one Defendant has its principal place of business in

1333.

this judicial district.
2.4

Jurisdiction and venue are properly lodged in this Court pursuant to the forum

selection clause contained in the Holland America “Cruise and Cruisetour Contract.” The
Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 92 S.Ct. 1907, 32 L.Ed.2d 513 (1972).

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COMPLAINT FOR DAMAGES - 2

MYERS & COMPANY, P.L.L.C.
1530 EASTLAKE AVENUE EAST
SEATTLE, WASHINGTON 98102
TELEPHONE [phone]

III.

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3.1

FACTS

Mr. Luo entered into a contract of passage with one or more of the defendants for

the purpose of passage on the vessel ms ROTTERDAM.
3.2

Mr. Luo sustained personal injuries on or about July 21, 2011 while traveling

under his contract of passage.
3.3

One of the fingers on Mr. Luo’s left hand was traumatically amputated when a

deck door slammed shut on it.

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3.4

As a result of the incident Mr. Luo suffered personal injuries and other special

and general damages.
IV.

CAUSE OF ACTION--NEGLIGENCE

4.1

Mr. Luo realleges all prior allegations as though fully stated herein.

4.2

A passenger carrier has a duty to exercise extraordinary vigilance and the highest

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skill to secure the safe conveyance of the passengers. This included (a) a duty to use reasonable
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care to maintain the premises so the were reasonably safe; (b) a duty to warn about dangerous
conditions; (c) a duty to inspect for dangerous conditions; and (d) a duty to protect passengers
against dangers of which they were aware or should have been aware.

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4.3

The door constituted a dangerous condition.

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4.4

Defendants breached their duty of care by (1) failing to ensure the door was fitted

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with a mechanism to prevent it from slamming; (2) failing to warn passengers of the risk that the

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door may slam under certain conditions; and/or (3) failing to provide staff to assist passengers

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when using the door if other safeguards to prevent injury were unavailable.

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4.5

As a direct and proximate result of defendants’ negligence, Mr. Luo has suffered

damages in an amount to be proven at the time of trial.

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COMPLAINT FOR DAMAGES - 3

MYERS & COMPANY, P.L.L.C.
1530 EASTLAKE AVENUE EAST
SEATTLE, WASHINGTON 98102
TELEPHONE [phone]

V.

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DAMAGES

As a result of all acts and/or omissions set forth herein, Defendants are liable, jointly and

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severally, to Mr. Luo for all damages as are reasonable in the premises, which damages consist

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of but not limited to the following:

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5.1

Past, present and future physical pain, suffering and loss of function.

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5.2

Past, present and future mental pain, anguish and suffering.

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5.3

Past, present and future medical expenses which include, but are not limited to,

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rehabilitation costs, doctor bills, hospital bills, medical tests, pharmaceutical bills, laboratory
examinations, physical examination costs, and diagnostic studies.
5.4

Temporary and permanent disability.

5.5

General damages cognizable by the laws of the United States and Constitution of

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the United States of America.
VI.

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Plaintiff demands a trial by jury on all issues so triable.
VII.

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JURY DEMAND

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against the defendants, jointly and severally,
as follows:
A.

For monetary judgment in an amount sufficient to compensate Plaintiff for the

special, general, incidental and consequential damages incurred and to be incurred as the direct
and proximate result of the acts and omissions of the defendants or their agents, employees and
all other persons or entities which they may be vicariously liable;
B.

For prejudgment interest on all liquidated amounts as allowed by law;

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COMPLAINT FOR DAMAGES - 4

MYERS & COMPANY, P.L.L.C.
1530 EASTLAKE AVENUE EAST
SEATTLE, WASHINGTON 98102
TELEPHONE [phone]

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C.

For Plaintiff’s reasonable costs and attorneys’ fees incurred herein, pursuant to all

applicable statutory, common law, and equitable theories; and

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D.

For such other and further relief as the Court deems just and equitable.

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DATED this 30th day of December, 2011.

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MYERS & COMPANY, P.L.L.C.

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Attorneys for Plaintiff

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By:

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Michael David Myers, WSBA No. 22486
[e-mail]
Myers & Company, P.L.L.C.
1530 Eastlake Avenue East
Seattle, Washington 98102
Telephone: [phone]

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COMPLAINT FOR DAMAGES - 5

MYERS & COMPANY, P.L.L.C.
1530 EASTLAKE AVENUE EAST
SEATTLE, WASHINGTON 98102
TELEPHONE [phone]