Cruise Lines Motion For Summary Judgment Denied Where Performer On Vessel Stepped On Passenger's Foot During A Show
Audre Capaldo v. Camelot Cruises, Inc. et al.
CV030179618S
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OFWATERBURY, AT WATERBURY
2005 Conn. Super. LEXIS 551
February 18, 2005, Decided
February 18, 2005, Filed
PROCEDURAL POSTURE: Plaintiff injured party filed a negligence action against defendants, a cruise line and performing theatre company (company), for injuries she sustained during one of the company's on- ship performances. The cruise line moved for summary judgment on the ground that it had no duty to the injured party, no issues of material fact existed, and thus, it was entitled to judgment as a matter of law. This proceeding followed.
OVERVIEW: The injured party alleged that the cruise line was negligent in allowing the company to have personal contact with the ship's passengers, allowing the performance to take place in their proximity, failing to provide a warning that performers would have contact with passengers, not properly supervising the performers, and not providing reasonable assistance to her once she was injured. The court first held that it appeared that the company was an independent contractor. Second, the cruise line retained some degree of control over the equipment used in the performances, such as the cordless microphones used for the actors. It also had the sole responsibility to promote and advertise the performance and had the right to control the content and format of all written and printed materials that came in contact with passengers. These contract provisions, coupled with the fact that the performances took place on the ship, raised material fact issues regarding the cruise lines's retention of control over the premises where the performances took place. Further, given the interaction between the company and the audience, it was foreseeable that an actor would step on a passenger's foot.
OUTCOME: The motion was denied.
