Case Of The Sick Child At Sea
Content
LAWCROSSING
THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
COURT REPORTER
www.lawcrossing.com
1. 800.973.1177
Case Of The Sick Child At Sea [By James Kilpatrick] In March 1997, the Carlisle family of Ann Arbor, Mich., embarked upon a Caribbean cruise. Their vacation ended abruptly in Cozumel after daughter Elizabeth, 14, fell seriously ill. Last month the resulting lawsuit reached the U.S. Supreme Court. We will know in October if the high court will take the case.
The facts are not in dispute. The Carnival
“He is not and shall not be considered in
“Because it is foreseeable that some cruise
cruise ship Ecstasy was only two days out
any respect whatsoever as the employee,
passengers at sea will develop medical
of Miami when Elizabeth developed serious
servant, or agent of the carrier and the
problems and the only realistic alternative
abdominal pain. She consulted the ship’s
carrier shall not be liable ...” et cetera, et
for such an ill or injured passenger is
physician, Dr. Mauro Neri. According to the
cetera.
treatment by the ship’s doctor provided by
record, he repeatedly advised the family that
the cruise line, there is an element of control
she was suffering only from flu. He saw no
Was this disclaimer sufficient to quash the
over the doctor-patient relationship. ... We
persuasive evidence of appendicitis. When
girl’s suit against Carnival?
hold that the cruise line’s duty to exercise
the pain grew worse, the family flew home.
reasonable care under the circumstances
There her ruptured appendix was removed,
The Supreme Court of Florida ruled
extends to the actions of a ship’s doctor
but not before the teenager had been
reluctantly last February that it was indeed
placed on board by the cruise line.”
rendered sterile.
sufficient: Carnival was not responsible for the opinions of its salaried shipboard doctor.
After all, said Judge Nesbitt, the ship’s
Elizabeth sued the Carnival line in the lower
Citing cases, the court held that Dr. Neri
doctor is an agent of the cruise line. His
state courts of Florida. She lost in the trial
was “an independent contractor.” A long
negligence, if proved, is also the line’s
court on Carnival’s motion for summary
line of precedents supports the view that a
negligence:
judgment, but won in a District Court of
shipowner “may not be held vicariously liable
Appeal - only to lose again last February in
for the medical negligence of its shipboard
“A cruise ship is a city afloat with hundreds
the state Supreme Court. In her petition to
doctor.”
of temporary citizens, some of whom are
the U.S. Supreme Court she challenges a
passengers and some of whom are the
line of cases that appear to immunize cruise
This opinion by Justice Peggy Quince
employees and agents of the cruise line who
lines from responsibility for the malpractice
was closer to quarter-hearted than
comprise the ship’s crew, each of whom,
of their doctors.
half-hearted. Florida’s highest court
within their particular sphere, owes a duty of
was clearly unconvinced by Carnival’s
reasonable care to the passengers.”
Was this doctor an independent agent or
defense: “We find merit in the plaintiffs’
an employee? Before sailing from Miami,
argument and the reasoning of the District
Judge Nesbitt’s reasoning in the lower
Carnival had entered into a contract with
Court.” Nevertheless, “we must adhere
Florida court strikes me as too solid to be
Dr. Neri, a resident of London. At a salary
to the federal principles of harmony and
set aside by outdated precedent. Today’s
of $1,057 a week he was to serve as ship’s
uniformity.”
mammoth cruise liners are floating hotels. Ship doctors are indispensable staff.
doctor. He would be introduced as such at a welcoming embarkation party. He would
The effect was to reverse a sound opinion
wear an officer’s uniform with four gold
from Joseph Nesbitt, senior judge of
stripes. His name and photograph would be
Florida’s third District Court of Appeal. He
(Letters to Mr. Kilpatrick should be sent by
used in Carnival’s promotional materials. By
agreed that a long line of precedents would
e-mail to [email protected].)
every outward appearance, he was an officer
militate against the young woman, but times
on an ocean-going ship.
have changed since the long line began: “The practical realities of the competitive cruise
On the other hand, maybe he wasn’t. The
industry, and the reasonably anticipated
cruise ticket issued to the Carlisles carried a
risks of taking a small city of people to sea
few lines of fine print: The doctor was aboard
for days at a time, all but dictate a doctor’s
solely for the convenience of passengers.
presence.”
PAGE
Maritime law ought to treat them as such.
COPYRIGHT 2005 UNIVERSAL PRESS SYNDICATE This feature may not be reproduced or distributed electronically, in print or otherwise without the written permission of uclick and Universal Press Syndicate.
THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
COURT REPORTER
www.lawcrossing.com
1. 800.973.1177
Case Of The Sick Child At Sea [By James Kilpatrick] In March 1997, the Carlisle family of Ann Arbor, Mich., embarked upon a Caribbean cruise. Their vacation ended abruptly in Cozumel after daughter Elizabeth, 14, fell seriously ill. Last month the resulting lawsuit reached the U.S. Supreme Court. We will know in October if the high court will take the case.
The facts are not in dispute. The Carnival
“He is not and shall not be considered in
“Because it is foreseeable that some cruise
cruise ship Ecstasy was only two days out
any respect whatsoever as the employee,
passengers at sea will develop medical
of Miami when Elizabeth developed serious
servant, or agent of the carrier and the
problems and the only realistic alternative
abdominal pain. She consulted the ship’s
carrier shall not be liable ...” et cetera, et
for such an ill or injured passenger is
physician, Dr. Mauro Neri. According to the
cetera.
treatment by the ship’s doctor provided by
record, he repeatedly advised the family that
the cruise line, there is an element of control
she was suffering only from flu. He saw no
Was this disclaimer sufficient to quash the
over the doctor-patient relationship. ... We
persuasive evidence of appendicitis. When
girl’s suit against Carnival?
hold that the cruise line’s duty to exercise
the pain grew worse, the family flew home.
reasonable care under the circumstances
There her ruptured appendix was removed,
The Supreme Court of Florida ruled
extends to the actions of a ship’s doctor
but not before the teenager had been
reluctantly last February that it was indeed
placed on board by the cruise line.”
rendered sterile.
sufficient: Carnival was not responsible for the opinions of its salaried shipboard doctor.
After all, said Judge Nesbitt, the ship’s
Elizabeth sued the Carnival line in the lower
Citing cases, the court held that Dr. Neri
doctor is an agent of the cruise line. His
state courts of Florida. She lost in the trial
was “an independent contractor.” A long
negligence, if proved, is also the line’s
court on Carnival’s motion for summary
line of precedents supports the view that a
negligence:
judgment, but won in a District Court of
shipowner “may not be held vicariously liable
Appeal - only to lose again last February in
for the medical negligence of its shipboard
“A cruise ship is a city afloat with hundreds
the state Supreme Court. In her petition to
doctor.”
of temporary citizens, some of whom are
the U.S. Supreme Court she challenges a
passengers and some of whom are the
line of cases that appear to immunize cruise
This opinion by Justice Peggy Quince
employees and agents of the cruise line who
lines from responsibility for the malpractice
was closer to quarter-hearted than
comprise the ship’s crew, each of whom,
of their doctors.
half-hearted. Florida’s highest court
within their particular sphere, owes a duty of
was clearly unconvinced by Carnival’s
reasonable care to the passengers.”
Was this doctor an independent agent or
defense: “We find merit in the plaintiffs’
an employee? Before sailing from Miami,
argument and the reasoning of the District
Judge Nesbitt’s reasoning in the lower
Carnival had entered into a contract with
Court.” Nevertheless, “we must adhere
Florida court strikes me as too solid to be
Dr. Neri, a resident of London. At a salary
to the federal principles of harmony and
set aside by outdated precedent. Today’s
of $1,057 a week he was to serve as ship’s
uniformity.”
mammoth cruise liners are floating hotels. Ship doctors are indispensable staff.
doctor. He would be introduced as such at a welcoming embarkation party. He would
The effect was to reverse a sound opinion
wear an officer’s uniform with four gold
from Joseph Nesbitt, senior judge of
stripes. His name and photograph would be
Florida’s third District Court of Appeal. He
(Letters to Mr. Kilpatrick should be sent by
used in Carnival’s promotional materials. By
agreed that a long line of precedents would
e-mail to [email protected].)
every outward appearance, he was an officer
militate against the young woman, but times
on an ocean-going ship.
have changed since the long line began: “The practical realities of the competitive cruise
On the other hand, maybe he wasn’t. The
industry, and the reasonably anticipated
cruise ticket issued to the Carlisles carried a
risks of taking a small city of people to sea
few lines of fine print: The doctor was aboard
for days at a time, all but dictate a doctor’s
solely for the convenience of passengers.
presence.”
PAGE
Maritime law ought to treat them as such.
COPYRIGHT 2005 UNIVERSAL PRESS SYNDICATE This feature may not be reproduced or distributed electronically, in print or otherwise without the written permission of uclick and Universal Press Syndicate.
