Fall on cruise ship leads to suit against Princess

John Suayan, Galveston Bureau Nov. 19, 2008, 7:45am

GALVESTON – A Harris County woman says she sustained serious and disabling injuries during a cruise in late 2006, recent court documents say.

Cynthia Kilgore's personal injury lawsuit was filed in Galveston County District Court on Nov. 14 against Princess Cruises and Tours, Princess Cruises Inc. and Original Canopy Tour. Kilgore alleges the companies were aware of the potential for harm on a ship on which she was a passenger on Nov. 22, 2006, however, failed to do away with the risk.

The defendants' alleged negligence caused her to get hurt after embarkation on the unnamed vessel, the suit says.

"On said date, plaintiff received serious and permanent injuries which required medical treatment and she will continue to need medical treatment in the future," court papers say.

The suit does not elaborate on the extent of Kilgore's reported injuries or how they were sustained, but alleges the defendants did not provide the plaintiff a safe place to visit or a seaworthy vessel.

"The defendants had the right of control and right of supervision over the details of the procedures, equipment, devices, instructions, methods, and manner of work aboard the vessel, and defendants were negligent in failing to use ordinary care in the exercise of their rights of control and supervision," it explains.

Kilgore says her injuries have left her unable to perform her job or simple tasks.

"At the time of the incident, plaintiff was a healthy, able-bodied person," the suit says. "Because of the nature and severity of the injuries she sustained, she has suffered physical pain and mental anguish into the future."

Court papers say Kilgore hired Houston attorney Brian S. Ettinger to work on her claim.

The plaintiff, however, expresses dissatisfaction with his performance.

"(Cynthia) Kilgore submits that Brian S. Ettinger, doing business as the Law Office of Brian Ettinger, violated the duty owed to Ms. Kilgore to exercise the ordinary care and diligence exercised by other attorneys practicing in the same locality, in the same or similar circumstances," the suit says. "The Law Office of Brian Ettinger was negligent in doing so. As a direct result of said negligence, the plaintiff's claims for the injuries she sustained have been irreparably damaged."

Consequently, Ettinger was also named a defendant in the case.

Kilgore, who is represented by Houston attorney Brian Beckom, seeks numerous damages as well as a jury trial.

Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 08CV1154

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