RECENT
DEVELOPMENTS IN THE COURTS - PART I
(Published January
1995)
The following is a selection of the more significant recent court rulings in the nation affecting cruise lines.
Class Certification Rejected For Poor Sanitation; Granted for Legionnaire's Disease
Faraci v. Regal Cruise Line, Inc. 1994 WL 573305 (S.D.N.Y.)
Plaintiffs moved to certify a class for all persons who became ill or feared becoming ill as a result of alleged poor sanitation aboard ship, pursuant to FRCP 23(a), requiring "numerosity" of class members and impracticability of joinder of separate claims. Plaintiffs submitted ship's medical log for a single cruise showing 201 illnesses among 747 passengers. (Medical logs for six other cruises revealed no illnesses.) The cruise line submitted evidence that only 14 to 16 potential claims had surfaced despite USPHS notification to all former passengers. The court rejected class certification as plaintiffs had not established "numerosity" and mere fear of becoming ill was not actionable.
Freeman v. Celebrity Cruises. Inc., 1994 WL 689809 (S.D.N.Y.)
Four lawsuits were filed arising from two voyages between New York and Bermuda in which passengers claimed exposure to Legionnaire's Disease. They moved for class certification pursuant to FRCP 23. The cruise line did not contest class certification, but moved to limit the class, excluding plaintiffs who had not timely asserted claims pursuant to the cruise ticket. Relying on Kornberg v. Carnival Cruise Lines. Inc., (11th Cir. 1984), the court held plaintiff's' claims satisfied the contractual requirement for all other class members. The class thus included all passengers, regardless whether they submitted claims within the required six month period.
