Curtis v. Galakatos, No. 20-1846 (1st Cir. 2021)Annotate this Case
The First Circuit reversed the judgment of the district court granting Defendant's motion to dismiss this action seeking damages for injuries received in a boating accident, holding that this case was allowed to proceed in Plaintiffs' chosen forum.
Plaintiffs were ferrying in a small boat when another boat, owned by Defendant, plowed into Plaintiffs' boat and sunk it. The crash also left one of the Plaintiffs with serious personal injuries. Plaintiffs filed suit against Defendant, a U.S. citizen, in Massachusetts, bringing claims for maritime negligence, loss of consortium, and property damages. Defendant moved to dismiss the complaint for forum non conveniens, arguing that Greece was the most appropriate venue for the case. The district court granted the motion and dismissed the case. The First Circuit reversed, holding that the district court abused its discretion in failing to hold Defendant to his burden of showing that the public and private interest factors displaced the presumption weighing in favor of Plaintiffs' initial forum of choice.