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Esta Later Charters, Inc. v. Ignacio

875 F.2d 234 (1989)

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Esta Later Charters, Inc. v. Ignacio

United States Court of Appeals for the Ninth Circuit
875 F.2d 234 (1989)

AR

Facts

On September 27, 1985, Steven Manley and James Ignacio (plaintiff) were injured when a vessel owned by Esta Later Charters, Inc. (Esta) (defendant) exploded. Ignacio sent a demand letter seeking damages to Fireman’s Fund, Esta’s insurer, on December 20, 1985. On April 8, 1986, Ignacio sued Esta for damages. Manley filed a complaint against Esta on September 16, 1987, and Ignacio filed an amended complaint on September 25, 1987. On December 17, 1987, Esta filed for limitation of liability under the Limitation of Liability Act. The court granted Esta’s petition. Ignacio moved to dismiss Esta’s petition, arguing that it had not been filed within six months of Ignacio’s letter to Fireman’s Fund or the April 8, 1986, complaint. Under the act, limitation petitions had to be filed within six months after a claimant gave notice of a claim to the shipowner. The court ruled in Ignacio’s favor, and Esta appealed. Esta argued that the act’s six-month limitation period was triggered anew by each claim related to the accident.

Rule of Law

Issue

Holding and Reasoning (Kozinski, J.)

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