Reported / Citable
Background
Molly Wornell sued Clipper Shipping AS and Solvang ASA. She moved for leave to file a first amended complaint to add general maritime-negligence and 33 U.S.C. § 905(b) vessel-negligence claims in the alternative to her existing unseaworthiness claim.
Wornell also sought to allege diversity jurisdiction, withdraw her Federal Rule of Civil Procedure 9(h) admiralty designation, and demand a jury trial. The defendants conceded diversity and the amount in controversy, and did not oppose adding the § 905(b) claim. They opposed the jury demand and moved to strike the unseaworthiness claim, arguing that Wornell was a longshoreman barred from asserting unseaworthiness. In reply, Wornell withdrew that freestanding claim.
The Court’s Holding
Magistrate Judge Andrew M. Edison granted leave to amend. A Rule 9(h) election is amendable under Rule 15, and the defendants identified no prejudice to themselves or the court from Wornell’s withdrawal of her admiralty designation. Their reliance on T.N.T. Marine Services, Inc. v. Weaver Shipyards & Dry Docks, Inc. was misplaced because that case involved a plaintiff who had not sought to amend.
The court further held that a longshoreman may try a negligence claim to a jury when the plaintiff has not elected admiralty jurisdiction and diversity jurisdiction exists. The court found Luera v. M/V Alberta controlling on that point and distinguished Bynum v. Patterson Truck Lines, Inc., where diversity was lacking. The court did not resolve whether Wornell is a longshoreman because she disputes that factual issue. Defendants’ motion to strike the unseaworthiness claim was denied as moot.
Key Takeaways
- A plaintiff may amend a complaint to withdraw a Rule 9(h) admiralty designation absent prejudice.
- Diversity jurisdiction can support a jury trial of a maritime negligence claim, including a § 905(b) claim.
- Wornell must file her amended complaint by November 13, 2026, without a freestanding unseaworthiness count.
Why It Matters
The order confirms that an initial election to proceed in admiralty does not permanently foreclose a jury demand. Where complete diversity exists and amendment causes no identified prejudice, a plaintiff may withdraw the Rule 9(h) designation and pursue jury-triable in personam negligence claims.