Cruise Law News : Maritime Lawyer & Attorney : James M. Walker : Walker & O'Neill Law Firm : Admiralty Law, Cruise Ship Accidents & Injuries

A local television station in Galveston, Texas is reporting that a 39 year old passenger is missing after going overboard from the Carnival Conquest after the cruise ship left Cozumel, Mexico. 

The incident occurred Friday evening.

ABC affiliate Channel 13 Eyewitness News' article states that  "according to a statement from Carnival Conquest, a 39-year-old male was seen jumping overboard around 6:30pm Friday while the ship was in the Gulf of Mexico, shortly after departing Cozumel."

This statement likely indicates that other passengers observed the passenger go overboard and/or ship personnel observed him jump overboard.

The article indicates that the cruise ship returned to the location where the passenger was seen going overboard in order to conduct search and rescue operations.  

Mexican vessels apparently were also in the search efforts.

The Carnival Conquest is returning to Galveston today.

This cruise ship has had passengers go overboard in the past.  In October 2006, a 48 year old woman apparently committed suicide by jumping from an upper deck.  You can read about that incident here.  Cruise expert Professor Ross Klein's website mentions another incident in November 2006 when a 42 year old passenger fell/jumped from his cabin and was not found. 

Professor Klein's website lists 167 incidents (not including this one) where passengers and crew have gone overboard from cruise ships in the last 10 years.  

Were you on the cruise?  Do you have information, or photos or video of the rescue attempts, to share?  Please leave a comment below.  

September 24, 2011 Update:

The passenger has been identified as Clint Wayne Markham of Forney, Texas.

The Carnival cruise ship captain, Antonio Sammartano, sent a letter to the passengers stating:

“We’re sorry to say that at this time, the missing guest has not been located. However, the Mexican navy remains on site and continues with the search.  We continue to provide support to his family and friends during this difficult time.  We ask that you please continue to join us in keeping them in your thoughts and prayers."

A Fox News station in Dallas has accounts from friends and family of Mr. Markham that he was a fine son, father and husband and that he would not have voluntarily gone overboard.  He apparently sailed on cruises every year to celebrate his birthday.  He would have been 40 years old today.   

Photo credit:

Wikipedia/Wikimedia Klobetime

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Nelson Perez Torres, age 24, reportedly confessed to striking Royal Caribbean crew member Monika Markiewicz in the head with a rock and then throwing her into the ocean, according to the chief prosecutor of the Mexican state of Quintana Roo where Cozumel is located.

As we reported in a prior article, Ms. Monika Markiewicz, a 32-year-old Polish musician who worked aboard Royal Caribbean's Allure of the Seas cruise ship was found last Saturday in the waters off the southern part of Cozumel.  Her employer, Royal Caribbean Cruises, indicated that she was a victim of foul play.  

This morning, Royal Caribbean took the unusual step of issuing a statement via PR Newswire, claiming that the killer and Ms. Markiewicz were "casually acquainted for several months."  The cruise line also made a point of characterizing the crime as "isolated and uncharacteristic" for Cozumel."  Royal Caribbean also congratulated its security department for assisting in the investigation which led to the arrest of the alleged killer.

Meanwhile, a newspaper in Mexico Por Esto is reporting that the parents of Mr. Torres are complaining that their son had been falsely accused of the crime and allegedly intimidated into a confession.  They claim that he had never been in trouble before and he had worked at a bar near the cruise pier for the past eight years.  They claim that because they are a humble family of little means, their son was railroaded into a confession.  Friends and family members picketed at the pier with signs saying Mr. Torres is innocent.   

There are several Mexican newspapers indicating that Mr. Torres gave different statements to the police, initially stating that he did not know Ms. Markiewicz and had never seen her, or that they had walked together to a location and he left after she resisted his advances, or that she had slipped and then he hit her with a rock to end her suffering.   

Photo credits:    Por Esto newspaper

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The AP is reporting that a second person has died after arriving in Cozumel on Royal Caribbean's Allure of the Seas cruise ship last Friday, February 4, 2011.  We previously reported on the death of Royal Caribbean crew member, Monika Markiewicz, whose body was recovered Saturday from the sea off of Cozumel and is believed to be the victim of foul play.

The AP reports that a 24-year-old American tourist died Monday in a Cancun hospital from internal bleeding "after ingesting a safety pin that punctured her organs."

The state prosecutor in Quintana Roo, where both Cancun and Cozumel are located, apparently released two different names for the woman neither of which were released by the AP.  The prosecutor also released information regarding the dead woman's medical history and autopsy findings.  A patient apparently has no medical privacy rights in Mexico.

The passenger's death is apparently completely unrelated to the death of crew member Ms. Markiewicz.

We have reported on six deaths of Royal Caribbean passengers and crew members in the last 10 days.

February 9, 2011 Update:  The Latin America Herald Tribune identifies the cruise passenger as Ms. Samantha Page Thomas (this article confuses the name of the cruise passenger and crew member).  A newspaper in Mexico also identifies the passenger and contains a strange explanation of events.  A press conference of the Mexican prosecutor is available on line.  Warning, the video contains graphic post mortem images of Ms. Paige as well as a photograph of Ms. Markiewicz  face down in the water when she was found.

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Thirteen years ago I represented a young woman from St. Augustine, Florida.  She was employed as a cook on a private yacht owned by a multi-millionaire tycoon.  She went ashore to Cabo San Lucas with a group of fellow crew members.  They ended up leaving her in a nightclub and returned to the yacht.  When she tried to walk back to the marina late that evening, four Mexican men abducted her in their car.  They  drove her outside of the city to a remote area.  They then raped her and burnt her naked body with cigarettes.  When the men passed out after drinking tequila and smoking weed, she ran to a highway, flagged down a car, and escaped from her hell in the Mexican desert. 

Her maritime employer, asshole as he was, not only refused to provide her with medical treatment but fired her from her job.  He blamed her for staying out late and drinking at the club.  The kindest thing I can say about the local police in Mexico is that they were indifferent to the young woman's plight.  

When I traveled to Cabo San Lucas, I found the surroundings hostile.  The area surrounding the marina and cruise port seemed menacing.  I have lived outside of the U.S., including in North Africa, but Mexico seemed utterly lawless to me.  The police authorities seemed no different than the banditos.    

My client's situation ended up in litigation based on the yacht owner's failure to warn her of the dangers ashore in Mexico and his refusal to provide her with medical treatment after she was victimized.  After a long protracted battle, she obtained a settlement and tried to move on with her life. 

Her ordeal has always haunted me. 

Ever since then, I have been hyper-sensitive to the vulnerability of women employed on ships sailing around the world. I am apprehensive of the dangers which  await young women as they unsuspectingly walk down the gangplanks into the tropical ports of call which seem so appealing but - in truth - are so, so dangerous.

The recent story about the Royal Caribbean crew member, Monika Markiewicz, from the Allure of the Seas, who disembarked her cruise ship in Cozumel and never returned, brings me back to my client's tortuous ordeal over a decade ago.

There is no indication that Ms. Markiewicz was sexually assaulted, but her employer has publicly stated that she was a "victim of a violent crime while ashore in a remote area in Cozumel."  Did the cruise line warn her and other crew members of dangers ashore in Mexico?   What did the cruise line do once they realized that she did not return to the cruise ship last Friday afternoon?  Did they abandon her as my client was abandoned 13 years ago?  Did they notify the young woman's family in Poland when the cruise ship set sail and left her in Mexico?  Did they contact the Polish Embassy or Consulate?  While heading back to Miami, did the cruise line call the emergency contact telephone numbers which all crew members provide when they join Royal Caribbean?

Is Royal Caribbean going to do anything now?  Its PR spokesperson stated yesterday that the cruise line has no intention of suspending its trips to Cozumel.  Full steam ahead, they say.  When the disastrous earthquake struck Haiti and killed 100,000 people a year ago, Royal Caribbean said that sailing back into the Haitian destination of Labadee was a "no brainer."  So the loss of one of its crew members due to a violent crime in Cozumel is not going to slow it down one bit.  

Royal Caribbean is directing all inquiries regarding the crime to the Mexican police authorities.  But the police have a reputation for incompetence at best and corruption at worst.  I have never heard of anyone in Mexico being tried or convicted of a crime against a tourist or a ship employee on shore leave.  There are several web sites discussing the reluctance of Mexican police to get involved in investigations in cases like this, such as Mexican Vacation Awareness.  And some of the local police in Mexico have even been accused of participating in crimes against tourists.

Many naysayers reading this blog will say "it could happen anywhere."  Others will say "what is a cruise line to do?"  Well we know what Royal Caribbean is doing - sailing to Mexico as if nothing happened.  And pretending the Mexican police will solve a crime against a young woman from Poland victimized in a remote location in a dangerous country. 

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Numerous news sources are reporting that the body of crew member from Royal Caribbean's Allure of the Seas was recovered from the ocean near Cozumel. 

Polish national Ms. Monika Markiewicz, age 32, was employed by Royal Caribbean as a musician.  She disembarked from the Allure on Friday and did not return to the cruise ship.  The cruise ship then left Cozumel and sailed back to Miami.   

Her body was recovered on Saturday.   

An autopsy determined the cause of Ms. Markiewicz's death was "drowning" but noted that she suffered a blow to the head.  According to the Canadian Press, Royal Caribbean spokesman Cynthia Martinez said the information the company had received indicated "she was the victim of a violent crime, and did not drown accidentally."  "Tragically, we recently became aware that the crew member was a victim of a violent crime while ashore in a remote area in Cozumel," the statement said.

Royal Caribbean has had many deaths in the last two months.  Last week, a crew member was killed and the safety officer injured during a fire drill aboard the Allure's sister ship Oasis of the Seas.  A passenger's husband filed suit over his wife's death on the Brilliance of the Seas.  Three weeks ago, a passenger fell to his death from the Liberty of the Seas.  Two months ago a young cook was found dead on the Oasis of the Seas.  

This most recent death comes at a time when some cruise ships have pulled out of some of the ports in Mexico, citing concerns with crime.

Are you a crew member aboard the Allure?  If you have information about this incident, please leave a comment below. 

February 8, 2011 Update:  Mexico, Cruise Ships & Crime Against Women

February 9, 2011 Update:  There are a number of articles which are confusing the names of the Royal Caribbean crew member, Ms. Markiewitz, with a cruise line passenger who also died in Mexico after leaving the cruise ship last Friday.  The Latin America Herald Tribune identifies the cruise passenger as Ms. Samantha Page Thomas.  This newspaper also indicates that Monika Markiewicz was also known as "Monica Warshal." 

February 10, 2011 Update:  A newspaper in Mexico also identifies the passenger and contains a strange explanation of events.  A press conference of the Mexican prosecutor is available on line.  Warning, the video contains graphic post mortem images of Ms. Thomas as well as a photograph of Ms. Markiewicz  face down in the water when she was found.  The prosecutor is quoted as saying that they were also reviewing the cruise ship's surveillance camera imges to see who the crew member was seen leaving the ship with or whether she may have gone overboard. 

A Mexican man was arrested today in Ms. Markiewitcz's death. Nelson Perez Torres, 24, who worked in a restuarant in Cozumel, reportedly confessed to hitting Monika Markiewicz in the head with a rock and then throwing her into the ocean.

Read our updated article:  Alleged Killer of Royal Caribbean Crew Member in Mexico Arrested - Family Maintains Son is Innocent

Resources:

Mexican Vacation Awareness

Photo credits:  

Top - Runekrem Flickr page

Bottom - AP Photo/Angel Castellanos

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A number of newspapers are reporting that a Carnival cruise passenger from Philadelphia died while paragliding during a stop in Cozumel.

The South Asian Mail reports that Mr. Joseph Job (Sajan), age 40, was paragliding with friends in Mexico when his harness broke and he fell into the sea. 

Mr. Job was a native of Thrissur, Kerala and became a U.S. citizen.

The Web Malayalee newspaper indicates that Mr. Job is survived by his wife and daughters. 

Every year many cruise passengers are killed or seriously injured during excursions in ports of call.  We have seen many accidents involving parasailing, zip-lining, snorkeling, diving, and renting jet skis in Mexican and Caribbean ports of call.  Compounding the issue is the generally inferior medical and rescue services in these ports. 

It is unknown whether the paragliding excursion was advertised and sold by Carnival.  

Update: February 12, 2010:

Cruise Critic contains a comment by a reader that the passenger was from the Carnival Imagination cruise ship.  The reader was apparently the first one to notify the family and Carnival:  

"Incident happened at around 5:00 and Carnival reacted at 7:30 PM. We informed on the emergency number given on Carnival Capers. Carnival Imagination security team acknowledge that there local agent (emergency no. on Capers is of this agent) goofed up in Cozumel." 

Credit:

Photograph of Mr. Joseph Job (Sajan)               South Asian Mail

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In a prior article, I discussed how cruise lines can report on breaking news by using social media applications like Twitter and Twitpic and manage their reputations in the process.

Twitter was the first to report the collision between Carnival and Royal Caribbean's cruise ships at port in Cozumel. Neither Carnival nor Royal Caribbean used their Twitter pages.

Instead, Carnival employee @Dan85Poindexter was the first person to tweet that Carnival's Legend collided with Royal Caribbean's Enchantment of the Seas in Cozumel after the Legend's mooring lines were released.

Apparently, strong winds pushed Carnival's Legend into the Enchantment, causing relatively minor damage.  Some have characterized the incident as the two cruise ships "trading paint."

Another person on Twitter @enchantedtravel reported on Twitter: "RCCL damage not severe, no tears in hull, and have left for Belize City. Unsure re Legend." She then posted three photos of the collision: http://twitpic.com/jsnyw  http://twitpic.com/jso07 http://twitpic.com/jso18

In addition to the tweeting passengers, a resourceful passenger uploaded his video of the Carnival - Royal Caribbean collision to YouTube.  One of the passengers on the video is heard criticizing the Captain of the Carnival cruise ship: "you have the whole f - - - ing ocean to park on!"

It should be obvious to anyone with a computer that breaking news will no longer be covered first by newspapers or the conventional media, but by citizen journalists, iPhone photographers and YouTube videographers.

Its nice to see the Twitpics and YouTube videos for yourself rather than having to rely on cruise line press statements and the usual spin.

Photo credit: @enchantedtravel

Video credit: hedojake (via YouTube)
 

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