Passengers sue Carnival over 'nightmare cruise'
Do they have a case?
- Duration 5:10
- Date Feb 18, 2013
Do they have a case?
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Off the ship.
Straight to the courthouse for days they were stranded on a crippled cruise ship with overflowing toilets.
Stifling heat and lines for food that had already gone bad they say several passengers are suing Carnival Cruise Lines for that trip.
While the trip was certainly a nightmare -- the passengers really have case.
Joining me now is Matt -- -- one of the passengers suing carnival in east Carolina's attorney Mike we Coleman and it's great to see you gentlemen thank you for being here.
Thanks for -- us hey man -- doing today.
I'm doing okay.
The my -- my wife is.
Still phoned home sick should from beyond crude issue is should -- posing twice -- issues there.
I understand how difficult this trip was I'll save the viewers things like why it was a human Petri dish as some people have said.
But if I could ask you -- many attorneys say that especially under maritime law which is your expertise.
That when you by the cruise ticket and you sign whatever paperwork you do you agree if there's any problem on the ship.
You accept a refund and that's why you get why are you filing suit then.
Well that's not what the contract says in and what I'm surprised -- to hear a lot of lawyers say they return -- -- perhaps are not as.
As maybe as young as hardworking as -- and my firm mark.
But we take a lot of pride in doing the right thing for people like Matt and his wife in the thousands of people that were on their crews that were really taken advantage by carnival.
-- -- they're -- they're they're tough cases in the unique cases but I'm looking forward to the fight and I and I think we should be able to make a positive recovery certainly a lot better than them give them the measly 500 dollars a carnival is offering to its all these -- did you kind except the 500.
No of -- of course not no I cannot and I are running on the case.
You're advised him not -- Mr.
Welsh -- -- I can't say what I did or didn't advise my client but I would advise everyone that was on that -- to not -- the 500 dollars.
And I would point out that the people that were on the Costa Concordia just over a year ago.
Even if you were uninjured just being on that -- -- they offered you 141000 dollars.
So how do you go from 141000 dollars for -- 345 hours of sheer terror vs five days of a living nightmare.
Why hasn't it since -- then there's even a patient's bill of rights for airlines that they keep you on the tarmac for too many hours issue they have to pay fines and you might be able to recover but.
In this particular case I just let me put my lawyer hat on but this is not my area of expertise maritime.
You you need to prove intentional.
Especially for a recovery of emotional distress.
In this case.
Yes or no -- how will you do that.
You you're mixing concepts they're two different there's one is intentional infliction of emotional distress the other is negligent infliction of emotional distress.
To -- -- potentiality.
It would be a point of that -- knew what was going on.
They were they were about a 150 miles off the coast of -- of Mexico and instead of just turning trying to goad him to Mexico.
They intentionally decided to drag him across the Gulf of Mexico about 500 miles because it was more beneficial for them.
Why didn't they pick in the Galveston Texas which is where the crews started why did they force them to be on the ship for five days and then app right after that -- -- -- for seven hours so that would be the intentional part of it.
Negligence is not there is not the same science or knowing its requirement.
But they're distinct concepts under the law and the suit that was about to be filed will Woolsey -- the damages for both of those -- Right I understand there is licensed to certify your client -- others as a class and bring a class action but let me ask you -- at this point.
When you were on that ship and I'm sure our -- that the cruise line will bring this up in defense.
Did you feel -- they were doing everything they could to try to help you get through this.
We -- we try to do as much as we could have just to manage through its.
You know bay.
Is that the things that did the two things that really concern me are the -- refrigerated food that they were serving which my wife.
Got food poisoning twice for.
The lobster like I said before they they serve it was -- decayed.
I didn't need it this is a service to me had I just looked -- on a plate but I know I saw plenty of other people eating it because that's the only thing they had and then.
When we -- down and and into the the medical area.
The you know the conditions down there where work very sanitary as well that's something that's hasn't been mentioned before darting into not using gloves.
Not using close to you know to I do IVs.
I saw blood -- on on honest clean sheet that.
Should have been there.
-- I understand.
And I understand your wife needed to -- he is for hydration and the situation is definitely horrible -- question is whether or not it's actionable and you can recover your lawyer.
Seems to have everything under control we're gonna filed -- case Mike and Matt thank you.
Thank you thank you did -- were.