Yesterday, a jury in Seattle awarded $21,000,000 to a cruise passenger hit in the head by an automatic glass door on Holland America’s MS Amsterdam in 2011.

KIRO Channel 7 reports that the passenger suffered a traumatic brain injury which included debilitating headaches, problems with his balance and fatigue.

His lawyers at the Friedman Rubin Law Firm showed the jury that sliding doors injured 30 others across Holland America’s fleet of cruise ships in the three year period before the accident. 

Holland America Line said in a statement that it is "committed to the safety and security" of passengers, and that it will appeal the verdict. 

 

 

After a nineteen month long trial, the three judges presiding over the Costa Concordia trial sentenced Captain Francisco Schettino to sixteen (16) years in jail for manslaughter, causing the disaster and abandoning ship. The sentence was broken down as follows; ten (10) years for multiple counts of manslaughter, five (5) years for causing the shipwreck, and one (1) year for abandoning ship. Schettino was also sentenced to one month for making false communications to maritime authorities after the shipwreck.

During closing arguments, breaking down in tears, Schettino demonstrated little concern for the consequences of his recklessness other than feeling sorry for himself, saying that three years ago "I died along with the 32 others." Schettino’s defense lawyer said: "In these three years, Schettino has suffered the same as a 30-year sentence." His legal counsel argued that he was made a scapegoat by Francesco Schettinothe cruise line Carnival-Corporation-owned Costa Cruises.

The prosecutor described Schettino as an "idiot" and a "coward."

Costa paid a relatively small fine of 1.1 million dollars to avoid a criminal trial.

The prosecution sought 26 years in jail for Schettino. The defense requested a maximum of 5 years. The judges essentially split the difference with 16 years. Schettino is entitled to an automatic appeal of the sentence and is likely not to serve time in jail during the appeal.

The stock of Costa’s parent company, Carnival Corporation, is up today.

You can read our first article about the disaster here: Passengers Panic As Costa Concordia Cruise Ship Begins to Sink.

The question which I keep asking myself is what does the brother and parents of Costa crew member Russel Rebello think of the verdict

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Photo Credit: Reuters

Today, a jury here in Miami, Florida returned a verdict over $6,200,000 on behalf of a seriously injured crew member.

The crew members is from Haiti and worked as a cleaner on the Jewel of the Seas

He sustained a serious back injury due to the repetitive nature of his work and the long hours which crew members are required to work.

After the crew member sustained injury, Royal Caribbean sent the crew member to Santa Domingo in the Dominican Republic for medical treatment. There a surgeon performed a back fusion. The Brett Rivkindcrew member’s lawyer alleged that the surgery was unnecessary and caused the crew member unnecessary and additional injuries. 

We have written about the medical facilities in Santo Dominican before. Rather than fly the injured crew members to Miami, where the cruise line in headquartered and the executives reside, the cruise line often sends their ship employees to the Dominican Republic where the medical expenses are substantially cheaper although the treatment is substantially inferior.

We have discussed the sub-standard medical facilities in Santo Domingo before. A jury in Miami previously returned a $1,000,000 verdict for a Celebrity crew member who underwent a crippling, unnecessary pacemaker surgery.   

Royal Caribbean tries to save money by keeping its ill and injured crew members out of Miami, and this is often the result. Read: Cruise Ship Medical Care – Royal Caribbean Gives Their Crew Members the Royal Shaft

Royal Caribbean reportedly made no settlement offer before trial.

The jury returned a verdict for the crew member finding that Royal Caribbean was negligent under the Jones Act, the vessel was unseaworthy, and the cruise line failed to provide prompt and adequate medical treatment. 

The crew member was represented by Miami maritime lawyer Brett Rivkind, photo above.

The total verdict was in the amount of $6,282,261.

The cruise lawyer was defended by defense lawyer David Horr.

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."

Long before Captain Schettino smashed the Costa Concordia into the rocks off of the coast of Giglio, another captain of a passenger cruise ship slammed his vessel into the rock and sank the ship.

Six years ago, the Sea Diamond cruise ship struck a reef and eventually sank off the coast of Santoniri. Two French cruise passengers drown. 

In both cases, the captain’s poor navigational skills, recklessness and negligence in efficiently evacuating the cruise ship killed passengers.

Sea Diamond SinkingAfter a long legal proceeding, a  three judge panel in Piraeus sentenced the ship’s captain to 12 years and two months in jail and sanctioned him €8,000 fine.  The judges sentenced an employee of DNV (Det Norske Veritas), which deemed the cruise ship seaworthy, to eight years.

The cruise ship, owned by Louis Hellenic Cruises, sank on April 6 2007 after ramming  a reef near the Aegean island of Santorini with 1,195 passengers and 391 crew on board.

A French man, Jean Christophe Allain (age 45) and his daughter Maud (age 16), died. 

According to a Greek newspaper, the judges also sentenced the navigation officer (two years and 10 months), chief engineer (two years and four months), company’s legal representative (two years), an inspector/auditor (15 months) and a security officer (six months and a €600 fine).

The newspaper states that it is unlikely that anyone will serve actual jail time.

The judges acquitted the ship’s first engineer officer, chief officer, chief steward and the cabin manager. 

After the verdict, Louis Hellenic vowed to appeal the decisions.