Kathryn J. Shankles v. Costa Armatori, S.P.A., Isolina Vazquez Gaston

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the surrounding circumstances supported applying the contract’s terms, in part, because the passenger had possession of her ticket prior to embarking on the cruise
• noting that test requires a “case-by-case determination,” and that “[djiffering circumstances may render the same ticket binding on one passenger ..., yet invalid as against another passenger”
• noting that the district court found that the contract preceded the ticket coupon
• upholding limitation in part because plaintiff had ticket before boarding and retained it after the fire that caused her losses
• declining to excuse plaintiff’s failure to provide contractually required notice where plaintiff did not controvert affidavit accompanying defendant’s motion for summary judgment, which stated that defendant had never received notice of her claim for personal injuries
• extrinsic circumstances “may be of equal importance as the prominence of warnings and clarity of conditions”

Source: CourtListener parenthetical corpus (CC0).