MLC Fishing, Inc. v. Velez, No. 10-903 (2d Cir. 2011)Annotate this Case
Plaintiff appealed from the district court's judgment dismissing for want of subject matter jurisdiction plaintiff's complaint seeking exoneration from or limitation of liability pursuant to the Exoneration and Limitation of Liability Act (Limitation Act), 46 U.S.C. 30501 et seq. Plaintiff initiated this limitation proceeding following an accident that took place when defendant intended to go fishing as a passenger aboard plaintiff's fishing vessel, slipped and fell on a ramp leading from the marina to a floating dock that passengers were required to traverse in order to access the vessel. The court held that defendant's accident did not occur on or over navigable waters and so this action fell outside the traditional scope of federal admiralty jurisdiction. The court also held that the Limitation Act did not provide an independent jurisdictional basis for petitions that arose from incidents not occurring on or over navigable waters. Accordingly, the judgment of the district court was affirmed.