Chaufournier v. Carnival

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JULY 1, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 10-15779
Non-Argument Calendar
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D.C. Docket No. 1:10-cv-21962-AJ
EILEEN CHAUFOURNIER,
llllllllllllllllllllllllllllllllllllllll Plaintiff - Appellant,
versus
CARNIVAL CORPORATION,
A Foreign Corporation,
llllllllllllllllllllllllllllllllllllllll Defendant - Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(July 1, 2011)
Before TJOFLAT, EDMONDSON and KRAVITCH, Circuit Judges.
PER CURIAM:
The district court dismissed plaintiff’s claim because plaintiff failed to file

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this action within the one-year limitations period provided in her passenger ticket
contract with the defendant. In dismissing her claim, the court rejected plaintiff’s
argument that the limitations period should be equitably tolled. Plaintiff appeals
the dismissal, arguing that the district court failed properly to apply our decision in
Booth v. Carnival Corporation, 522 F.3d 1148 (11 Cir. 2008), to the facts in thisth
case. We disagree; the district court properly applied the law of equitable tolling
to the facts at hand. Its judgement is therefore
AFFIRMED.
2

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