Marilyn Tennissen Feb. 4, 2014, 11:56am
Another group of passengers who were stranded for days at sea when their cruise ship broke down has filed a lawsuit against Carnival.
Richard L. Guerra Jr., Michele Stiehl-Guerra, Mathew Garret, Nicole Emujiofor, Ladonna Yarbrough, Starr Mcallister, Carol Burns, Jenny Heynes and Steven Diep filed suit in the U.S. Court for the Southern District of Texas on Jan. 28, naming Carnival Corp. as the defendant.
The plaintiffs, all residents of Texas, are suing Carnival, a Panama Corp., over issues that arose while on the cruise ship the Carnival Triumph in February 2013.
The plaintiffs say that on Feb. 10, 2013, while they were at sea, the cruise ship's engine room caught fire and disabled the propulsion system along with the vessel's generators and necessary machinery. As a result, the vessel was left without power, plumbing, water disposal and refrigeration, and the ship was left adrift at sea with no way to maneuver.
The plaintiffs claim they were subjected to hazardous conditions on the ship for five days. Specifically, the plaintiffs say Carnival knew the cruise ship was likely to experience mechanical issues because about 20 days prior the same ship had suffered damage on a prior voyage.
The plaintiffs are accusing Carnival of knowingly subjecting them to a cruise on a ship that was likely to be problematic.
The conditions on the ship were allegedly unsafe and unclean and exposed the plaintiffs to an unreasonable risk of being harmed or becoming diseased or sick.
The plaintiffs are suing for negligence, deceptive trade practices and intentional infliction of emotional distress.
As the Southeast Texas Record has previously reported, lawsuits began being filed within days of the ship returning to Galveston.
One suit, filed Oct. 17, 2013, in the Galveston Division was recently settled. According to court documents, Case No. 3:13-cv-oo374, filed by Luke Cash and others, has been settled and dismissed without prejudice on Jan. 24.
Another large group of plaintiffs filed suit in August 2013 in the Beaumont Division of the Eastern District of Texas. Their suit was transferred to the Miami Division of the U.S. Court for the Southern District of Florida on Dec. 16, 2013.
The plaintiffs in the latest suit are seeking an undisclosed amount in damages and are being represented by attorney David "Mac" McKeand of Houston.
Guerra et al v Carnival, Case No. 14-CV-00029
Summary of Carnival Cruise lawsuits stemming from the stranding of the Triumph cruise ship
Williams v. Carnival Corp., No. 13-cv-20588-DLG. Action brought by a single passenger alleging personal injuries from the alleged incident onboard the Carnival Triumph.
Dautreuil, et al. v. Carnival Corp., No. 13-20677-JAL. Consolidated action brought by seven passengers
Terry, et. al. v. Carnival Corp., No. 13-20571-DLG. Consolidated action brought by 52 passengers
Lynch v. Carnival Corp., No.. 13-CV-22032-WJZ. Action brought by a single passenger alleging personal injuries
Young v. Carnival Corp., No. 13-CV-22033-JAL. Action brought by a single passenger alleging personal injuries
Cline v. Carnival Corporation, No. 13-cv-01090-B (N.D. Texas). Consolidated action brought by 17 passengers
Beaumont Family Eye Care, P.C. and Peter Cass v. Carnival Corp., No. 13-cv- 00504-RC (E.D. Texas). Consolidated action brought by a passenger and his business, alleging personal/economic injuries when his staff was stranded on the Carnival Triumph.
Pratt v. Carnival Corp., No. 13-cv-00505 (E.D. Texas). Consolidated action brought by 20 passengers
Gerhart et al. v. Carnival Corp., No. 13-23175-cv-Ungaro. Consolidated action brought by six passengers