District Court Granted Summary Judgment To Cruise Line In Passenger Vessel Act Suit To Recover Damages For Personal Injuries Passenger Sustained After Being Bitten By Snake On Shore Excursion; Even If Exculpatory Clause Did Not Apply, Passenger Failed To
KIM ISBELL, Plaintiff, vs. CARNIVAL CORPORATION, d/b/a and/or f/k/a CARNIVAL CRUISE LINES, INC., Defendant.
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION
2006 U.S. Dist. LEXIS 84452
November 20, 2006, Decided
PROCEDURAL POSTURE: Plaintiff passenger filed suit pursuant to the Passenger Vessel Act, 46 U.S.C.S. � 3501 et seq., against defendant cruise line, seeking to recover damages for personal injuries that the passenger suffered during a shore excursion that was operated by a third-party. The claim asserted by the passenger was one of negligence. The cruise line moved for summary judgment.
OVERVIEW: The passenger went on a shore excursion that was recommended by the cruise line. The excursion involved floating down a river in a rain forest, through caves, while on an inner tube. The passenger was bitten by a snake and was administered antivenin at a medical facility. The passenger blamed the snake bite for a heart attack that she suffered one month later. In granting summary judgment to the cruise line, the court first held that the passenger's ticket contained an exculpatory clause relieving the cruise line of liability for incidents that occurred on shore excursions operated by third-parties. However, even if the exculpatory clause was not applicable due to statements made by the cruise line as to the safety of the rain forest excursion, the passenger failed to show that the cruise line breached any duty to warn the passenger about the possibility of snake bites, particularly where the danger of encountering a dangerous animal in the jungle was apparent and obvious. Further, the passenger failed to show that the snake bite caused her heart attack, as the passenger's own doctor found no manifestations that appeared to be the result of the bite or the antivenin.
OUTCOME: The court granted the cruise line's motion for summary judgment
