Case Background
Eulalia Martin-Viana, a resident of Florida, initiated this legal action against Royal Caribbean Cruises Ltd., a Liberian corporation with its primary operations based in Miami. The dispute originated from events that occurred during a maritime voyage aboard the Freedom of the Seas, a vessel owned and operated by the Defendant. Martin-Viana had boarded the ship on November 18, 2022, alongside her husband and extended family for a scheduled vacation from Miami to the Bahamas. The lawsuit was filed in the United States District Court for the Southern District of Florida on March 24, 2023, under federal maritime jurisdiction. This litigation sought to determine whether the cruise line upheld its duty of care to its passengers regarding the safety and maintenance of cabin facilities.
Cause
Early in the morning on November 19, 2022, the air conditioning in Martin-Viana’s suite failed. Seeking to cool off, she moved to the room's balcony to sit in a provided chair. When she attempted to sit, the chair's locking mechanism gave way, causing the furniture to collapse. This failure caused Martin-Viana to fall backward with significant force.
Injury
As she fell, Martin-Viana’s head struck the balcony's sliding glass door. She suffered immediate paralysis, losing the ability to speak or move her limbs for several minutes. After shipboard medical staff provided initial treatment, she was medevaced via helicopter to St. Joseph Hospital in Tampa. Medical evaluations there revealed fractures in her neck at the C5 and C6 levels, which required surgical intervention on her C4, C5, and C6 vertebrae.
Damages Sought
Martin-Viana pursued compensation for a variety of losses resulting from the accident. These included:
Past and future medical and hospital expenses.
Lost wages and the loss of future earning capacity.
Physical pain, suffering, and mental anguish.
Permanent physical impairment, disability, and loss of capacity for the enjoyment of life.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Eulalia Martin-Viana
Counsel for Plaintiff(s): Jonathan Gdanski | Scott P. Schlesinger | Jeffrey Louis Haberman | Maria Gloria Contreras Piana Velasquez | Tyler Ray Owens
Experts for Plaintiff(s): Leonard Backer | Carolyn Albert | Jeffrey Barton Gelblum | Richard Seely | Shahan Yacoubian | Oscar Padron | Randall Jaques | Susan McKenzie
Defendant(s): Royal Caribbean Cruises, Ltd.
Counsel for Defendant(s): Andrew Douglas Craven | Gina Marie Sabatino | Elisha Sullivan
Experts for Defendant(s): Kenneth Fischer | Rolando Garcia | Tyler Kress
Key Arguments or Remarks by Counsel
Claims
The Plaintiff’s legal team argued that Royal Caribbean acted with negligence by failing to maintain the vessel and providing defective furniture. They contended the cruise line knew the balcony chairs were unsafe due to inadequate locking mechanisms but failed to fix them or warn passengers of the danger. Counsel emphasized that these failures directly caused the collapse and the subsequent life-altering spinal injuries.
Defense
Royal Caribbean’s counsel denied all claims of negligence, asserting that the Plaintiff’s own actions were the sole and proximate cause of her injuries. They raised several affirmative defenses, including the argument that the company had no notice of any defective condition regarding the chair. They also claimed that any recovery should be barred or reduced based on the doctrine of comparative negligence.
Jury Verdict
On July 26, 2024, the Florida jury determined that there had been negligence both on Royal Caribbean Cruises and the Plaintiff's part. The jury allocated 12% of negligence to the Defendant and 88% to the Plaintiff. The jury determined the Plaintiff's damages as below:
Past medical expenses: $600,000
Future medical expenses: $2,000,000
Past lost wages: $12,000
Past non-economic damages: $2,000,000
Future non-economic damages: $1,000,000
Therefore, a total of $5,612,000 was awarded to Eulalia Martin-Viana with 88% contributory negligence.
Court documents are available upon request at [email protected]
