Gonzalez v. Naviera Neptuno A.A.

832 F.2d 876, 1988 AMC 913 (1987)

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Gonzalez v. Naviera Neptuno A.A.

United States Court of Appeals for the Fifth Circuit
832 F.2d 876, 1988 AMC 913 (1987)

CS

Facts

Naviera Neptuno A.A. (Neptuno) (defendant) was a Peruvian shipping company that operated cargo vessels under the Peruvian flag, with headquarters in Peru. Neptuno transported cargo internationally, including to ports in the United States, but did not have any offices or conduct any business in the United States beyond delivering cargo. Fernando Gonzalez-Sanchez was a seaman on Neptuno’s vessel the El Kollao. Gonzalez-Sanchez was a Peruvian citizen, had joined the El Kollao in Peru on a voyage that began and was to end in Peru, and had signed a Peruvian employment contract that applied Peruvian law to any disputes arising from his employment with Neptuno. Gonzalez-Sanchez was killed in Port Arthur, Texas, while in that port serving as a seaman aboard the El Kollao. Gonzalez-Sanchez’s mother, Carmen Gonzalez (plaintiff) sued Neptuno in federal district court seeking damages for her son’s death. Neptuno filed a motion to dismiss the claim on the grounds of forum non conveniens. The court denied the motion and also denied Neptuno’s request for an interlocutory appeal for that issue. A trial on the merits was conducted, and the court held for Gonzalez. Neptuno appealed.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

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