Second lawsuit filed in Triumph incident

[songbird1329]

I'ts not to "prove a point" but rather to induce change.

 

Yeah, right. I sat through a whole bunch of products liability classes in law school, and yes, successful products suits do induce change. Next time you buy coffee at McDonald's take a good look at the design of the cup and the warning label, and think of Stella and her third degree burns.

 

But unless your name is Ralph Nader and you're making a career out of championing consumer rights. . .

 

 

 

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[songbird1329]

I'm not talking about the lawsuit being discussed in this thread, but in general. Not all lawsuits are filed seeking monetary damages.

 

Yrs, but this one most certainly was.

 

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[songbird1329]

I will preface this post with: I am not a lawyer but I have stayed in Holiday Inns...

 

Would this case have anything to do with the class action suit?

 

http://articles.latimes.com/2011/apr/28/business/la-fi-court-class-action-20110428

 

 

Maybe, the SC deciding on this exact matter, has some bearing on them being able to file this time? ... Just a Statistician so no idea how law and precedent works.

 

Different statute, different contract, but based on the soundbite from the media. . ..if I were briefing the issue I'd definitely cite the case.

 

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[San_Antonio_Ex]

No, it's not laugh out loud time. This person alleges bodily injury and actually sought medical attention. I take this case more seriously than the first suit, where the plaintiff claimed to be nauseated and feverish but sought a lawyer before she sought medicak help.

 

Emotional harm and loss of enjoyment of life as always components of a bodily injury claim. They are not compensable in the absense of a physical injury.

 

 

The only way the Triumph passengers can get compensation is by alleging bodily injury and proving negligence on the part of Carnival.

 

I didn't see the GMA interview, but if she actually said on the air that she didn't drink the water provided to her . . .Carnival's lawyer has already started the paperwork to obtain an official copy of the interview to be used when he takes her deposition.

 

Of course, they also have to show there wasn't contributory/comparative negligence. Refusing potable water, assuming she did, appears rather negligent to me.

[COJO1956]

Apples and oranges. If the people on the Triumph wanted that experience, they would have enlisted. Instead they paid good money for a crappy cruise. Pun intended.

 

Their "good money" was totally refunded, plus they got $500, and another cruise. They also had 3 good days of a 4 day cruise. Carnival made it as right as they could.

[San_Antonio_Ex]

I would imagine there was a triage area someplace in the terminal for people who might have wanted assistance. How noticeable it might have been to an exhausted passenger is unknown.

 

Not to mention the medical office on the ship that she could have used.

[jonbgd]

tester quotw nit working

[San_Antonio_Ex]

Severe dehydration can cause kidney damage, heart damage, brain damage, and seizures. It is a serious medical condition that can lead to death. Anyone dehydrated enough to need fluids was in danger of a serious and life-threatening complication.

 

The person went to an e.r. claiming dehydration from being on the infamous Triumph cruise. As you and I both know, there isn't an e.r. out there that would send her away without giving i.v. fluids first. Doesn't mean she actually needed them. That will be for her to prove.

[richard1s]

Of course, they also have to show there wasn't contributory/comparative negligence. Refusing potable water, assuming she did, appears rather negligent to me.

 

This a clear violation of her rights as a consumer. It's an infringement on her constitutional rights. It's outrageous, egregious, preposterous.

[San_Antonio_Ex]

Possible doesn't mean probable. Carnival, and the other cruise lines, have prevailed many times when their contracts were challenged.

 

It's an uphill battle. A cruise is not a basic necessity, it is discretionary spending. You, the passenger, agreed to bring any legal proceedings in federal court in Florida. You, the passenger, agreed you would file suit only on your own behalf, not as part of a class action. This may be an inconvenience to you, but how are you going to prove it is legally unconscionable?

 

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Yup!

 

Oh, I'm sorry, I've already changed out of my suit. Excuse me, I meant "concur." :D

[San_Antonio_Ex]

Yes it has happened before .

 

Would you mind posting the cite for that case?

[San_Antonio_Ex]

 

FYI her attorney pled damages of $75,000 to invoke the jurisdiction of the federal court. It's a procedural device, not a statement of her actual damages.

 

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So glad to see someone caught that!!

[songbird1329]

So glad to see someone caught that!!

 

My civil pro teacher would have killer me if I missed that

 

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[songbird1329]

This a clear violation of her rights as a consumer. It's an infringement on her constitutional rights. It's outrageous, egregious, preposterous.

 

Huh????

 

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[songbird1329]

Yup!

 

Oh, I'm sorry, I've already changed out of my suit. Excuse me, I meant "concur." :D

 

LOL.

 

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[jonbgd]

posted by San Antonio EX

 

 

The person went to an e.r. claiming dehydration from being on the infamous Triumph cruise. As you and I both know, there isn't an e.r. out there that would send her away without giving i.v. fluids first. Doesn't mean she actually needed them. That will be for her to prove.

 

Are you an ERMD/RN or is this an assumption on your part

[garycarla]

I think we should be able to sue people that sue for such silly reasons. Their "fill in the blank" only cost the rest of us money in increased cruise costs.

[San_Antonio_Ex]

Huh????

 

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You beat me to it. I'm assuming it was meant as humor??

[richard1s]

You beat me to it. I'm assuming it was meant as humor??

 

Not humor, it is an actual case - "j chiles vs mocha java"

[jonbgd]

None of the above -it's the lawyer in me who knows the e.r. upon hearing her story would give fluids to avoid being name a party to a future (frivolous) lawsuit. :D

Im sorry Im not an attorney but.....

Why dont you leave the medical to the people that do know and the asumption of care to the attorneys ;)

[San_Antonio_Ex]

posted by San Antonio EX

 

 

The person went to an e.r. claiming dehydration from being on the infamous Triumph cruise. As you and I both know, there isn't an e.r. out there that would send her away without giving i.v. fluids first. Doesn't mean she actually needed them. That will be for her to prove.

 

Are you an ERMD/RN or is this an assumption on your part

 

None of the above -it's the lawyer in me who knows the e.r. upon hearing her story would give fluids to avoid being name a party to a future (frivolous) lawsuit. :D

[jonbgd]

None of the above -it's the lawyer in me who knows the e.r. upon hearing her story would give fluids to avoid being name a party to a future (frivolous) lawsuit. :D

re thought my post

[San_Antonio_Ex]

Not humor, it is an actual case - "j chiles vs mocha java"

 

Got a cite for that?

[San_Antonio_Ex]

Im sorry Im not an attorney but.....

Why dont you leave the medical to the people that do know and the asumption of care to the attorneys ;)

 

Ok - no problem. I rethought mine as well. :)

[jonbgd]

Do you know of an e.r. that would have sent her home without i.v. fluids?

I cant answer that question but neither can you. It depends on how the Pt presents themselves at triage

 

But Im appalled that you would insinuate that an ERMD/RN would do something for monetary gain concerning medical care.