Franza, Royal Caribbean, Maritime Injury: A recent case in the United States Court of Appeals, Eleventh Circuit ruled on a motion to compel.
The Franza, Royal Caribbean, Maritime Injury case documents what many passengers aboard cruise ships may face today – an offshore injury or injury while traveling aboard a cruise ship that may be a potential admiralty injury, Jones act injury & maritime injury case.
To find out more on the case, see Case No. 13-13067 – November 10, 2014.
A brief summary of the facts include:
- In this maritime negligence dispute, an elderly cruise ship passenger fell and bashed his head while the vessel, the “Explorer of the Seas,” was docked at port in Bermuda.
- The injured traveler, Pasquale Vaglio, was wheeled back onto the ship, where he sought treatment from the onboard medical staff in the ship’s designated medical center.
- Over the next few hours, Vaglio allegedly received such negligent medical attention that his life could not be saved. In particular, the ship’s nurse purportedly failed to assess his cranial trauma, neglected to conduct any diagnostic scans, and released him with no treatment to speak of. The onboard doctor, for his part, failed even to meet with Vaglio for nearly four hours. Tragically, Vaglio died about a week later.
- Now, Vaglio’s daughter, appellant Patricia Franza, seeks to hold the cruise line, Royal Caribbean Cruises, Ltd. (“Royal Caribbean”), vicariously liable for the purported negligence of two of its employees, the ship’s doctor and its nurse, under one of two theories: actual agency (also termed respondeat superior) or apparent agency.
MARITIME INJURY
Have you been injured in an offshore accident? If you have been injured while working as longshoremen, roughneck, cruise ship employee, etc., the laws that govern the areas of navigation, shipping, and overseas injuries, known as maritime and admiralty laws, may protect you.
Individuals suffering a Maritime, Admiralty, Jones Act type personal injury (offshore injury, offshore accident, oil rig injury, oil rig accident or injured offshore) may be entitled to compensation in the form of maintenance payments, lost wages, monies for medical treatment and other damages. These are some of the jobs that may fall under maritime, Jones act or admiralty law:
- Merchant Marine
- Longshoremen
- Cruise Ships
- Ship Construction
- River Boats
- Tug Boats
- Fish Processing
- Commercial Underwater Divers
- Oil Platform/Rig Workers/Roughnecks
- Casino Boats
For more on admiralty, Jones act and admiralty injury cases, please follow this link.
At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases. If you have been injured while out at sea on a boat or vessel, working on an oil rig platform and are considered a seaman, and need an admiralty lawyer, Jones act lawyer or maritime lawyer to help you file an admiralty lawsuit, Jones act lawsuit or maritime lawsuit, please contact our office at 1.844.329.5955.
WE ARE HERE TO HELP YOU PROTECT YOUR LEGAL RIGHTS