MAINTENANCE AND CURE NOT AVAILABLE FOR SEAMAN WHO CONTRACTS HIV THROUGH SEXUAL ACTIVITY - SUMMARY JUDGMENT GRANTED FOR CRUISE LINE AND AGAINST SEAMAN
IAN THOMAS, Plaintiff, v. NEW COMMODORE CRUISE LINESLIMITED, INC., Defendant.
CASE NO. 99-3313-CIV-HOEVELER
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
2002 U.S. Dist. LEXIS 9909
May 22, 2002, Decided
May 22, 2002, Filed
DISPOSITION: Defendant's motion for summary judgment granted. All pending motions denied as moot.
PROCEDURAL POSTURE: Plaintiff seaman sued defendant cruise line to recover maintenance and cure. The court denied the cruise line's first motion for summary judgment on the basis that more discovery was required. After taking the seaman's deposition, the cruise line again moved for summary judgment.
OVERVIEW: The cruise line hired the seaman contingent upon a physical that included testing for HIV. The test revealed that the seaman was HIV positive, and he sought to recover maintenance and cure on that basis. The cruise line argued that the seaman was not entitled to maintenance and cure because that remedy was not available for injuries resulting from venereal disease. The court found no basis for distinguishing HIV from other venereal diseases, and noted that employers had a very limited ability to prevent employees from contracting HIV. The seaman argued that he might not have contracted HIV through sexual conduct, but he failed to raise more than a mere possibility of some other source. There was no evidence that the cruise line was aware of or tolerated promiscuity or other dangerous sexual activities; the fact that condoms were provided by the ship's medical facility did not suggest that the cruise line knew of or encouraged promiscuity. The Americans with Disabilities Act (ADA) did not displace the venereal disease defense in general or with respect to HIV in particular, nor could the seaman complain that the cruise line had violated the ADA.
OUTCOME: The cruise line's summary judgment motion was granted.
