A blog discussing Goa India, and Miami’s Daily Business Review, are reporting on a significant verdict that was recently reached against Miami-based Celebrity Cruises.
The jury verdict involves a Celebrity crew member, Vincente Fernandes, from Goa, India. Back in September 2009, Mr. Fernandes was an assistant stateroom attendant on a Celebrity cruise ship. He alleges that there were shortages of sheets and towels for passenger cabins on the cruise ship. Cabin attendants had to compete to obtain them.
When Mr. Fernandes requested linens & towels to assist in preparing the passenger cabins, the linen keeper verbally abused him and then physically assaulted him. Fernandes was just 5 feet, 4 inches in height and weighed just 140 pounds. The linen manager who attacked him? He was twice Fernandes’ size – 6 feet, 6 inches and weighed 280 pounds. Fernandes suffered a badly fractured leg which required surgery with the insertion of plates and screws.
Celebrity flew Mr. Fernandes back home to Goa, India after the surgery. Celebrity paid no compensation to Fernandes and did not timely pay monies for the injured crew member’s food and lodging, medical care, therapy or medication. Mr. Fernandes’s lead trial lawyer, Ervin A. Gonzalez of the Colson Hicks law firm, assisted by Christopher Drury and Tonya Meister, argued that Fernandes suffered a deformed leg which will need several additional operations, including a knee replacement.
The trial addressed only the issue of compensation. The trial court, the Honorable David Miller, struck the cruise line’s defenses for pre-trial discovery violations.
The cruise line was defended by David Horr and Eddie Hernandez of the Horr, Novak & Skipp law firm.
The jury awarded a total of slightly over $2,496,000 in damages, consisting of $1,750,000 in pain and suffering & mental anguish, $350,625 for medical expenses, and $395,400 for lost wages and loss of earning capacity.
Mr. Fernandes counsel, Ervin Gonzalez, summed the case up as follows:
"Celebrity pounded Mr. Fernandes, a five foot four and 140 pound cabin steward, to a pulp, through its employee, a six foot six 280 pound assistant linen manager brute. As a result, Mr. Fernandez’s leg was shattered. His knee was destroyed and will need to be replaced in ten years. The 2.5 million dollar verdict cannot replace his knee and make him healthy but it will at least help him find economic stability. Without the civil justice system, Mr. Fernandes would be broken, financially devastated and discarded."