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Bond v. Holland America Line N.V.

United States District Court, W.D. Washington, Seattle

May 30, 2019

MONIQUE BOND and BRIGITTE GINGRAS, Plaintiffs,
v.
HOLLAND AMERICA LINE N.V., a foreign corporation, Defendant.

          PRETRIAL ORDER

          Marsha J. Pechman United States District Judge.

         Pursuant to LCR 16.1 and following the May 28, 2019 Pre Trial Conference, Defendant HOLLAND AMERICA LINE N.V. and Plaintiffs MONIQUE BOND and BRIGITTE GINGRAS submit their Amended Pretrial Order as follows:

         JURISDICTION

         1. Jurisdiction is vested in this court pursuant to 28 U.S.C. § 1333.

         CLAIMS AND DEFENSES

         2. Plaintiff Monique Bond seeks compensatory damages against defendants for personal injury.

         3. Plaintiff Brigitte Gingras seeks compensatory damages against defendants for loss of consortium.

         4. Plaintiffs further seek their costs, attorney fees, disbursements, and pre- and post-judgment interest as provided by applicable authority.

         5. Defendants assert Plaintiffs cannot prove their negligence claims.

         6. Defendants assert that Plaintiffs' alleged accident, injuries, losses or damages were partially or wholly caused or contributed to by Plaintiffs' own carelessness and negligence.

         7. Defendants assert that Plaintiffs' alleged accident, injuries, losses or damages were aggravated by Plaintiffs' failure to exercise reasonable diligence to mitigate the same.

         8. Defendants assert that Defendants' liability, if any, for injury, illness, loss or damage, is governed by and limited to the applicable provisions of the passage ticket contract entered into between the parties.

         9. Defendants assert that Defendants are entitled to all the exemptions from and limitations of liability provided in or authorized by the laws of the United States and general maritime law.

         10. Defendants assert that Plaintiff Bond had injuries and conditions which pre-existed the subject incident.

         11. Defendants assert that Plaintiffs' alleged injuries, losses and/or damages, if any, were and are the result of an open, obvious, and apparent “danger” that was known to and recognizedby Plaintiffs.

         12. Defendants assert that Plaintiffs have no right to any relief prayed for, or any relief whatsoever.

         13. Defendants reserve their right to appeal their assertion that Plaintiff Brigitte Gingras's claim for loss of consortium is barred by general maritime law.

         14. Defendants reserve their right to appeal their assertion that Defendants are entitled to any and all liability limitations, immunities and rights applicable to them under the “Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), ” adopted 1974, as well as any of its subsequent Protocols as applicable according to law.

         ADMITTED FACTS

         15. At the time of the occurrence in question, Monique Bond and Brigitte Gingras were passengers.

         16. At the time of the occurrence in question, Monique Bond and Brigitte Gingras were spouses.

         17. Monique Bond sustained a displaced and transverse comminuted fracture of her right patella when she slipped and fell aboard ...


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