Gabriel v. Celebrity Cruises, Inc., 2005 A.M.C. 1617 (S.D. Fla. 2005).

In this federal district court case, the firm, on behalf of Celebrity Cruises, moved to dismiss a seaman's claims for negligent medical treatment under the Jones Act and maintenance and cure. The district court found that the claims were time-barred since they were first pled in an amended complaint filed more than three years after the accident. (To maintain a cause of action under the Jones Act or under general maritime law, the claim must be brought within three years from the date the cause of action accrued). The amended complaint did not relate back to the filing of the original complaint since the new claims arose from the defendant's post-accident conduct. The original complaint which alleged an unsafe working environment concerned pre-accident conduct.