Cruise Ship Law

JAMES MACK and SHEILA MACK, Plaintiffs and Respondents-Appellees, v. ROYAL CARIBBEAN CRUISES, LTD., Defendant and Petitioner-Appellant.

No. 1-04-2168
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION
2005 Ill. App. LEXIS 1035
October 20, 2005, Decided
October 20, 2005, Opinion Filed

PROCEDURAL POSTURE: Plaintiffs James and Sheila Mack brought suit against defendant Royal Caribbean Cruise Lines, Ltd., alleging that James cut his foot in the swimming pool area of a cruise ship owned and operated by defendant. Plaintiffs alleged that defendant was liable for negligently maintaining its swimming pool area; that defendant was vicariously liable for the negligent medical treatment James received from defendant's on-board physician; and that defendant was liable to Sheila for loss of consortium. Pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308), defendant appeals the trial court's interlocutory orders reinstating the plaintiffs' vicarious liability count and denying defendant's motion to dismiss.

HELD: Affirmed.

DISCUSSION: Defendant argues that, in reinstating the vicarious liability claim, the trial court ignored a largely established rule of law which precludes vicarious liability counts against carriers for the alleged negligence of shipboard doctors. Plaintiffs respond that the trial court was correct to follow the more reasoned approach of modem cases, which allows vicarious liability claims against carriers. Whether vicarious liability will be imposed generally turns on the ability of the principle to control the acts of his agent and on a variety of other factors, including "whether the work is 'part of the regular business of the employer'; whether the contractor is engaged in a distinct calling; the degree of skill of the contractor; who supplies the locale, tools and instrumentalities; the period of employment and the method of payment." A passenger does not have control over his relationship with a ship's doctor because a cruise passenger at sea and in medical distress does not have any meaningful choice but to seek treatment from the ship's doctor. Additionally, vicarious liability for an on-board physician's negligence should be imposed because cruise lines reap the benefits of carrying a doctor aboard their vessels. Finally, to impose vicarious liability on a cruise line for the negligent treatment of passengers by its on-board physician is not unreasonable because the cruise line is already held vicariously liable for the negligence of the same ship's doctor in the treatment of hundreds of people-the crew-under the maritime duty to provide maintenance and cure.