[B]Date Decided[/B]: Feb 3[SUP]rd[/SUP], 2011
[B]Decided By[/B]: Illinois Northern District Court (Federal)
[B]Court[/B]: United States District Court for the Northern District of Illinois
[B]Citation[/B]: 2011 WL 529462
[B]Background[/B]:
Margie Holmes sustained injuries while aboard a passengercruise vessel, [I]THE SPIRIT OF CHICAGO[/I](“the Vessel”) and died from her injuries eight days later. Frank Holmes(“Holmes”), acting as administrator of her estate, brought an action for wrongfuldeath against the owner of the Vessel, Spirit Cruises, Inc. (“Spirit”). In thecomplaint, Holmes alleged that Spirit was negligent and that its negligencecaused the death of Margie Holmes.
Spirit filed a Complaint for Exoneration from or Limitationof Liability pursuant to the Limitation of Ship Owner Liability Act (“theLimitation Act”), [I]46 U.S.C. § 30501 [/I]in the United States District Court for the Norther District of Illinois.The Court enjoined Holmes’ state court action pending resolution of Spirit’s Complaint for Exoneration. In its complaint, Spirit sought to limit its liability to the value of the Vessel.
Before the Court is Holmes’ Motion to Dismiss Spirit’s complaint for exoneration for failure tostate a claim upon which relief can be granted.
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