An appellate court in Miami has ruled that Costa Concordia passengers, both U.S. residents and non-U.S. residents, cannot seek compensation in the U.S. for any injuries which they suffered arising out of the Concordia disaster in 2012.
Yesterday, the Third District Court of Appeal published its decision in Denise Abeid-Saba, et al. vs. Carnival Corp., Carnival PLC, Costa Crociere, S.p.A., Costa Cruise Lines, Inc., and Joseph Farcus Architect, P. A.
The appellate court was faced with two orders of trial courts in litigation filed shortly after the Costa Concordia disaster. The cases involved two groups of passengers: one case involved fifty-seven plaintiffs, of whom five are United States residents. The other case involved fifty-two plaintiffs, of whom seventeen are U.S. residents. Carnival moved to dismiss the cases based on the legal doctrine of "forum non conveniens," arguing that the U.S. is not an appropriate location to litigate the cases. In one case, the trial court ruled that both U.S. residents and non-U.S. residents were prohibited from pursuing their cases here in Miami. In the other case, the trial court permitted U.S. residents to continue to pursue their cases here in Miami.
Long ago, we advised passengers on the ill fated cruise ship to either consider accepting Carnival’s minimal settlement offer or proceed to Genoa, Italy to make a legal claim against Costa and its parent company. Costa of course is based in Italy; the shipwreck, Italian Coast Guard and most of the witnesses and evidence are located there; and the passenger ticket requires that legal claims be pursued in Genoa which is the principal place of Costa’s business and the location where criminal proceedings were pursued against the infamous captain Schettino. It was our opinion that all of the factors favored the filing of cases in Italy and that there was little chance that a Florida court would entertain litigation here.
In a twenty-two page order, the appellate court ruled that none of the passengers, whether U.S. residents or not, could pursue their cases here in Miami or anywhere in the U.S. They must all pursue their cases in Italy where the accident occurred and most of the witness and evidence are located. You can read the twenty-two page opinion here.
We previously warned that filing suit here was a long shot: Are Lawyers Taking Costa Cruise Survivors Into Dangerous Legal Waters?
The billion dollar Carnival corporation has escaped virtually all legal accountability for the disaster.
Photo Credit: By Soerfm – Own work, CC BY-SA 3.0