THE federal court has granted the request of Kyle Podziewski and remanded to the CNMI Superior Court the negligence lawsuit he filed against vessel operators Cabras Marine Corporation and Saipan Crew Boats Inc.
Chief Judge Ramona V. Manglona of the District Court of the NMI found that the removal of the matter from Superior Court was improper.
She remanded the case for two reasons: “First, 28 U.S.C. § 1333(1)’s saving to suitors’ clause prohibits defendants’ removal of Podziewski’s claims. Second, although the saving to suitors’ clause does not apply to claims under the Suits in Admiralty and/or the Public Vessels Act, defendants have failed to establish that the provisions of the SAA and/or PVA apply and therefore preclude a state court action here.”
In his lawsuit, Podziewski said that at all relevant times, CMC and SCI jointly provided ferry services for passengers and cargo between the Maritime Prepositioning Force ships anchored in the Marianas and the shore.
Podziewski said “he was a passenger of the ferry services jointly provided by the defendants when he was injured, and that defendant CMC owned the vessel he was riding and that caused his injuries.”
According to Podziewski, “On or about January 26, 2024, defendants breached the duty of care they owed to him, causing his foot and leg to be crushed between two ships.”
Attorney David Banes, who represents Podziewski, said the defendants have invoked “admiralty or maritime jurisdiction.”
“Here, neither federal question jurisdiction [nor] diversity jurisdiction exists,” Banes said.
Diversity jurisdiction requires “complete diversity,” meaning that the citizenship of each plaintiff is different from the citizenship of each defendant, Banes added.
The vessel operators’ attorneys, Robert T. Torres and Joaquin Arriola, opposed the motion to remand the lawsuit to the local trial court, and asked the federal court to deny it.
“The Plaintiff alleges in his complaint that he was injured while on a federally owned and operated vessel. However, conspicuously absent from this lawsuit is the United States, the owner of the vessel. As the Plaintiff was injured on a federally owned and operated vessel, the District Court of the NMI has exclusive and original jurisdiction over claims… related to such injuries,” the defense attorneys said.
The vessel operators likewise denied Podziewski’s claims of negligence when he got injured while climbing the ladder of a prepositioning ship in January. The defense lawyers denied any liability for their clients.
They said Podziewski “failed to mitigate his damages,” and his “claims are barred in whole or in part by abandoning or rejecting recommended medical treatment of his condition.”
Podziewski’s complaint was initially filed in Superior Court, but was later transferred by the defendants to the District Court for the NMI.
Podziewski filed a negligence complaint against the vessel operators on Aug. 6, 2024.
