WILLIAM MARTZ V. ANDREW HORAZDOVSKY, No. 20-35985 (9th Cir. 2022)Annotate this Case
The case involves two ships, each of which was involved in an accident. The victims injured in the accident provided notice to the ship owners that they might be interested in pursuing litigation against the responsible parties. However, the ship owners failed to bring a limitation-of-liability action under the Shipowner's Limitation of Liability Act within six months. The district court determined that the letter constituted written notice of a claim, dismissing actions as untimely.
The Ninth Circuit held that the six-month statute of limitations in § 30511(a) is a claims-processing rule rather than a jurisdictional rule, and thus, it may be addressed on summary judgment. Additionally, the court determined that “written notice of a claim” has three elements: the notice must (1) be in writing, (2) clearly state that the victim intends to bring a claim against the owner, and (3) include at least one claim that is reasonably likely to be covered by the Act.
Thus, the Ninth Circuit held that neither claimant filed "written notice" to the vessel owner before filing suit. As a result, the ship owners' limitation-of-liability actions were timely.