The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Patricia Franzav.Royal Caribbean Cruises, Ltd.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.13-13067
DecidedNovember 10, 2014
Reporter772 F.3d 1225 (11th Cir. 2014)
JudgesUnited States Court of Appeals for the Eleventh Circuit; Circuit Judges Stanley Marcus and R. Lanier Anderson III; Judge Richard W. Goldberg (Court of International Trade) sitting by designation
Tags
CivilTort LawNegligenceMedical MalpracticeWrongful DeathCivil ProcedureFirst ImpressionReversalRemand
Case Summary

Pasquale Vaglio suffered a severe head injury while boarding a Royal Caribbean cruise ship in Bermuda. According to his estate’s complaint, the ship’s nurse failed to obtain diagnostic scans or provide meaningful treatment, the ship’s doctor did not examine him for nearly four hours, and the medical staff delayed his transfer to a hospital; Vaglio died about a week later. The district court dismissed the estate’s maritime claims against Royal Caribbean, applying the Barbetta rule to reject actual-agency liability for onboard medical negligence and finding the apparent-agency claim inadequately pleaded. The Eleventh Circuit reversed. It held, as a matter of first impression in the circuit, that general maritime law permits a passenger to pursue vicarious liability under both actual-agency and apparent-agency theories. The court declined to preserve a categorical cruise-line immunity that modern maritime law and agency principles did not require. It also held that the complaint plausibly alleged the representations, reasonable belief, detrimental reliance, duty, breach, causation, and harm needed to proceed past dismissal. The case was remanded for further proceedings; the court decided only pleading sufficiency, not whether the allegations would ultimately be proved.

Opinion

Loading published copy…

The Far Side