The Daily Business Review reports today that in the case of Trivision v. Chabrier, a jury awarded only $403 to a passenger who was thrown from a boat. In 2005, Richard Trivision, 45 years old at the time of the accident, allowed his friend Linda Chabrier, to operate his boat. Trivision claimed Chabrier was not paying proper attention, failed to avoid a large wake and that Chabrier should not have got behind the helm if she could not properly operate the vessel. Trivision claimed a herniated cervical disc, a lumbar disc protrusion and a torn labrum in each shoulder resulting from the accident.
The defense claimed the wake came out of nowhere and could not be avoided. Chabrier also claimed Trivision was negligent for allowing her to operate his boat, since he had more experience that her. The defense also argued that Trivision's injuries were caused by his age and excessive weight and also pointed out gaps in his medical treatment. Trivision was found 10% liable for the accident, reducing the jury award.
I do not have a full copy of this decision, which was handed down in Palm Beach Circuit Court, case number 502007CA011788. You can obtain a copy of the decision from the Clerk of Court. If you are interested in contacting me, please feel free to reach me at miamipandi@comcast.net or motero@houckanderson.com.
Family of Man Who Died on Cruise Settles for $250k
The Daily Business Review reports on November 10, 2011 that in the case of Estate of Racoma v. Ocean Development LLC in Palm Beach Circuit Court, a family recovered a $250,000 settlement for a man who died while on a cruise. In 2008, Phil Racoma, 78, suffered a cardiac arrest and died. His family claimed that the vessel owner Platinum Real Estate, vessel operator Ocean Development and its officers failed to timely treat the man. The family claimed that there was no automated external defibrillator on board the ship, which was alleged to be standard on most cruise ships, and the ship never radioed the US Coast Guard for help.
The defense claimed that Racoma failed to take his medication before going on the ship and would have died regardless of any resuscitation efforts because of his advanced age and heart conditions. The parties settled after the defendants filed for bankruptcy.
If you are interested in receiving the small clip on the article from the Daily Business Review or wish to reach me, you may do so at miamipandi@comcast.net or motero@houckanderson.com.
Royal Caribbean's 3Q Net Income Rises 14%
On October 28, 2011, the Daily Business Review reports that Royal Caribbean Cruises' third-quarter net income climbed 14 percent, buoyed by stronger demand for Caribbean and Alaskan itineraries and people spending more onboard its ships. The cruise operator lowered its full-year earnings guidance to a level below analysts' expectations, citing the strengthening dollar and a fuel-related charge. But the Miami company says 2012 demand is solid so far, with pricing higher than it was this time a year ago.
Royal Caribbean reportedly earned $399 million, or $1.82 per share, for the period ending September 30th. This is better than its earnings of $350.2 million, or $1.61 million per share a year ago. Thus, third-quarter net yields, which measures the amount a cruise company makes from its passengers after removing expenses, climbed 5.3 percent.
If you are interested in receiving a copy of the Daily Business Review article or wish to reach me, you may contact me at miamipandi@comcast.net or motero@houckanderson.com.
Non-US Citizen Crew May Be Unable to Sue for Injury If Bill Becomes Law
On October 28, 2011, Lloyd's List reports that a draft provision in upcoming US legislation would bar non-US citizen crew on foreign-flag passenger vessels from seeking damages for injury or death in US courts. Of course, this legislation has sparked outrage among seafarer rights advocates, while others note that the provision — whose main effect will be on cruise line employees — sets a different standard for this category of mariners as compared with crewmembers on cargoships or containerships, or any other merchant vessel.
The House of Representatives’ version of the new US Coast Guard Authorization Act contains a section that stipulates that a seafarer who is not a US national or permanent resident, and who suffers injury or death outside US territorial waters, be barred from bringing a damages lawsuit before a US court, so long as the mariner has a right to seek compensation under the laws of his homeland or in the ship’s flag state. The Bill, introduced by Republican Congressman Frank LoBiondo in September, has been voted out of the Transportation and Infrastructure Committee. It is now before the Republican-controlled House for a full vote. This may take place before Christmas.
The Senate version of the USCG Authorization Act does not contain this provision. Experts have reportedly said the Democratic-controlled Senate is not expected to vote on its own Bill until next year, and questioned whether such a provision would find favor with the Democratic majority.
The House provision would benefit top cruise lines, which are based in the US and carry a predominantly American base of passengers, but whose ships are foreign-flagged and employ mainly foreign crew. It is well known that foreign injured crew invariably bring their lawsuits in the US, rather than take their chances back home, as legally awarded damages in many foreign jurisdictions are derisory or non-existent. Some of this has been remedied by foreign jurisdictions putting in place employment tribunals that hear cases and award compensation, but there are many jurisdictions that do not have such infrastructure. The best example of countries to which such infrastructure is non-existent is China, Myanmar or Russia. If the legislation were to become law, many suggest that these poor seafarers would have to travel to a flag state like Liberia, and file their claim for an injury.
If you are interested in receiving a complete copy of the Lloyd's List article or the proposed legislation, please feel free to contact me at miamipandi@comcast.net ormotero@houckanderson.com.