Sunshine Stewart, Plaintiffv.Manhattan Yacht Club, Inc., Arabella, in rem, and Michael Szymanski, Defendants
MEMORANDUM OPINION & ORDER This action arises from injuries Plaintiff Sunshine Stewart suffered as the result of a 2015 motor vehicle accident in the British Virgin Islands. Defendants Manhattan Yacht Club, Arabella, a 157-foot sailing yacht being sued in rem, and Michael Szymanski, jointly move to dismiss the action under the doctrine of forum non conveniens. Additionally, Szymanski moves with respect to the claim against him for the Court to either disclaim jurisdiction or to dismiss for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3). For the following reasons, the Court DENIES the motions.I. Factual BackgroundSunshine Stewart (“Plaintiff” or “Stewart”) is a United States citizen and resident of Maine who, in January 2015, was living and working on St. John in the U.S. Virgin Islands, First Amended Complaint (“FAC”), Dkt. No. 26,1, 10. Manhattan Yacht Club (“MYC”), a corporation registered and operating in the State of New York, is the owner, operator, and is otherwise responsible for the ownership, operation and crewing for the Arabella. Id.2. MYC maintains and operates the Arabella in New York during the summer months, and in the U.S. and British Virgin Islands (“BVI”) during the winter months. Id.3. On or before January 16, 2015, Plaintiff was hired by the Captain of the Arabella as a “stewardess and tender operator,” and her employment was approved by Michael Fortenbaugh, the Chief Executive Officer of MYC. Id.10. Plaintiff immediately traveled to Tortola, BVI, boarded the vessel, and joined the crew. Id.On January 27, 2015, Plaintiff was assigned the duty of obtaining provisions for the people aboard the Arabella. Id.12. According to Plaintiff, the vessel “arranged for and selected Plaintiff’s transportation with Potter’s Taxi and Tours,” and Plaintiff was provided with funds to purchase the provisions. Id. On her way back to the boat with the provisions, the taxi was involved in a car accident. Plaintiff believes that the taxi driver “acted negligently and carelessly in the use and operation of the taxi,” causing or contributing to a collision with Defendant Michael Szymanski. Id.13. The taxi driver drove the taxi onto an embankment causing the taxi to roll over, thereby causing “serious injuries and damages” to Plaintiff. Id. Mr. Szymanski, a resident of Buffalo on vacation in the BVI, was driving a car he rented in BVI, and, according to Plaintiff, also “negligently and carelessly operated and drove the [rental car]…so as to cause or contribute to a collision with the taxi that Plaintiff was a passenger in; thereby directly and proximately causing severe and debilitating injuries to Plaintiff.” Id.
