Several passengers of the Carnival Triumph have filed a federal lawsuit claiming they were fraudulently induced into the voyage and were left drifting for five days without power.
The lawsuit was filed against Carnival Corp., doing business as Carnival Cruise Lines, on Aug. 8 in the Eastern District of Texas, Beaumont Division.
The plaintiffs are Lisa Pratt, Jenna Boatner, Natalie Herrington, Tim Herrington, Samantha Tupper, Kathy Tupper, Don Pierson, Lisa Pierson, Robin Guebel, Shoshannah Broadway, Robert Mowlam, Stephanie Mowlam, Patty Magoulas, Natalie Magoulas, James Shute, Donna Shute, Janell Dischler, John Guebel, Angela Culver and Teresa Emlet.
The plaintiffs were passengers were aboard the Carnival Triumph that left port from Galveston on Feb. 7, 2013, for a leisure cruise to Mexico. The vessel was scheduled to arrive back in Texas on Monday, Feb. 11, 2013, but due to an engine room fire, the vessel drifted for five days before arriving in Mobile, Ala., on Feb. 15, 2013.
The lawsuit claims that the plaintiffs were exposed to urine and feces, along with odors of raw sewage, which spilled and leaked through the ceilings, walls, and floors. In addition, the passengers alleged that they were exposed to extreme heat and cold temperatures, and waited in long lines for hours for inadequate and rationed water and food.
The defendant is accused of negligence for:
• Failing to maintain the vessel in a reasonable and safe manner to prevent a fire in the engine room;
• Failing to hire and supervise competent management;
• Failing to provide sanitary accommodations;
• Failing to provide adequate ventilation;
• Failing to provide adequate food and drinking water;
• Failing to remedy a hazardous condition; and
• Violating the International Safety Management Code to prevent human injury.
The defendant is also accused of breach of maritime contract, negligent misrepresentation, fraud by non-disclosure and fraud.
The lawsuit is seeking an award of damages for discomfort; medical expenses; mental anguish; emotional distress; lost earnings; lost vacation time; pecuniary and out-of pocket damages, including cost of cruise, transportation, additional food and lodging and incidentals costs; exemplary damages; interest; and court costs.
The plaintiffs are represented by Jeffrey T. Roebuck of Roebuck, Thomas, Roebuck & Adams in Beaumont. A jury trial is requested.
On Aug. 8, another lawsuit was filed by the Provost Umphrey Law Firm against Carnival on behalf of a Beaumont business that claimed it was harmed because its employees were on board the Triumph and left the business unable to open while it was at sea for the unexpected length of time.
Case No. 1:13-cv-00505