" /> Cruise Ship Law: June 2010 Archives

« May 2010 | Main | July 2010 »

June 29, 2010

New York man fined $5,000 for sexual assault on cruise ship

A New York man yesterday admitted sexually assaulting a teenage girl on the cruise ship the Norwegian Dawn while he was at dinner with his wife and son.

James Arismends, a 53-year-old insurance salesman, was fined $5,000 after he was accused of inappropriately touching the 18-year-old with his foot under a dinner table.

The father-of-two pleaded guilty to sexual assault when he appeared at Magistrates' Court, but insisted he was only resting his foot on the girl's knee and had no idea it was making her uncomfortable.

Crown counsel Robert Welling said that Arismends met the victim and her family at Tobacco Bay on June 23 and after returning to the cruise ship, the families agreed to have dinner together. During the meal, Arismends foot started to touch the victim's leg.

Mr. Welling said: "At that point, she thought it was an accident. When it happened again, she apologised. It happened again, and so she said she gave him a look.

"The defendant then slid down his chair, and began to feel her legs with his foot. She crossed her legs to discourage him, but he tried to use his feet to pry open her legs." Mr. Welling said Arismends had his arms around his wife and son.

The victim left the table during dessert and told Police that she returned to her room feeling violated and cried.

Mr. Welling said Arismends later called the victim in her room to apologise, saying, "that was crazy," and giggling.

Kenneth Savoury, representing Arismends, said that his client was remorseful and had no idea that the victim was feeling uncomfortable.

"He rested his foot on her knee," he said. "Perhaps he left it there a bit long, but he was under the impression she was comfortable with it at the time. It is very uncharacteristic of him, and he wants to put it behind him."

Senior Magistrate Archibald Warner fined Arismends $5,000, saying: "It can't be put down to just an accidental rubbing of the foot. It was not just resting, it was deliberate and prolonged."

June 25, 2010

Man charged with fondling boy during cruise

PITTSBURGH -- Federal investigators say a western Pennsylvania man charged with molesting a boy on a cruise ship admitted he took the trip so he could have a sexual encounter with a child.

A federal judge in Pittsburgh ordered 71-year-old Sherwood Stevenson, of Clinton, to remain in custody Wednesday until trial. He's charged with traveling with intent to engage in illegal sexual conduct.

Authorities say Stevenson went into the children's area during a December cruise and fondled a 6-year-old boy in a hot tub. The FBI says surveillance footage shows Stevenson putting his arm around the boy and pulling him onto his lap.

Defense attorney Marketa Sims says her client's statement isn't reliable because he described a much older boy to police. She says Stevenson takes antidepressant and anti-psychotic medication.

A trial date has not been set.

June 24, 2010

Royal Caribbean statement on alleged fondling incident on cruise ship

Royal Caribbean released the following statement today about the alleged fondling incident in December on the line's Liberty of the Seas:

"Royal Caribbean maintains a zero tolerance policy regarding any criminal activity onboard our ships. Any allegation of a crime is treated seriously and reported to law enforcement.

On December 18, a guest onboard Liberty of the Seas brought Mr. Stevenson's alleged inappropriate behavior to the attention of a crew member. Royal Caribbean's onboard security immediately responded and preserved information and potential evidence that could be helpful to law enforcement. The incident was immediately reported to the FBI and the Miami-Dade police department, and Mr. Stevenson was confined to his stateroom.

On December 20, the ship was met at the Port of Miami by the FBI and Miami-Dade Police Department officers who conducted an investigation onboard. We will continue to support law enforcement agencies during their prosecution of this allegation."

Man Sexually Abused Boy In Cruise Ship Jacuzzi

A Beaver County man is accused of sexually abusing a young boy in a cruise ship Jacuzzi.

Federal prosecutors used surveillance video of the suspect to hold Sherwood Stevenson, 71, of Clinton for trial.

Investigators said Stevenson booked a cruise on the Liberty of the Seas in December. They said the ship was about 30 nautical miles off of Cuba when he was caught on camera sliding into a children’s Jacuzzi in the ship's soak zone.

Police said Stevenson admitted to fondling a 6-year-old boy and attempted to fondle a second child in an adjoining Jacuzzi.

Federal prosecutors said Stevenson has a criminal past with other child sexual abuse charges.

During a hearing Wednesday, prosecutors outlined a number of local incidents involving Stevenson and children.

Police said he was charged for sneaking into a boy’s locker room at Hopewell High School and taking a shower. Police said Stevenson also snuck into another locker room in Marco Island, Fla.

Stevenson's defense attorney asked for electronic monitoring, claiming her client has a long history of mental issues.

But the federal magistrate ordered Stevenson to stay in jail until his trial.

June 23, 2010

Royal Caribbean loses suit, must pay $1.7 million over fall

Nine years after he slipped on stage during rehearsal, cruise ship trumpeter Steven Pavone won a $1.7 million verdict against Royal Caribbean for the fall. A Miami-Dade jury awarded the 40-year-old the money for the August 2001 accident, which was blamed on spilled oil from a fog machine.

Pavone's lawsuit claimed the shoulder injury ended a beloved trumpeting career, since he is only able to lift the instrument for about an hour at a time. The Miami Beach resident now works part-time as an usher at the Adrienne Arsht Performing Arts Center. "This whole thing has turned his life upside down," said Pavone's lawyer, Luis Perez.

Perez said Royal Caribbean asked jurors to award Pavone, who earned about $22,000 a year as a trumpeter, less than $130,000 for his injuries. As Pavone's lawyer, Perez said he expects to retain about 40 percent of the verdict amount. Royal Caribbean Cruises "feels the amount awarded is not supported by the evidence and are currently evaluating our appellate options," the cruise line said in a statement.

June 22, 2010

5 Killed after Ships Collide off Northeast China

Five sailors drowned and two more were missing after a Cambodian freighter collided with a Panamanian cargo ship and sank off northeast China's Liaoning Province early Sunday morning.

Nine crew members were aboard the Cambodian flagged HAIJUNG when the accident occurred in the Bohai Strait off Lushun. Crew form the Panamanian cargo ship JINGFENG pulled two crew members from the sunken Haijung to safety. The bodies of four sailors were recovered- three Burmese and one citizen from the Republic of Korea- and a 5th sailor died after being rescued. Two are still missing, a Republic of Korea captain and an Indonesian sailor.

June 21, 2010

Leading Miami Maritime and Personal Injury Law Firm Changes Name to Lipcon, Margulies, Alsina and Winkleman, P.A.

[MIAMI-June 22] Lipcon, Margulies, Alsina & Winkleman, P.A. is the new name for the prominent Miami law firm previously known as Lipcon, Margulies & Alsina, P.A. The firm which began as a sole proprietorship nearly 39 years ago represents cruise ship passengers and crew members who have been injured or killed. The firm also handles other forms of personal injury claims including class actions, wrongful death, catastrophic injury, product liability, medical malpractice, and BP oil spill claims.

Charles R. Lipcon, founder and President of Lipcon, Margulies, Alsina & Winkleman, P.A. said, “the firm wanted to recognize the contribution of Michael A. Winkleman on behalf of our clients."

Mr. Lipcon, author of the bestselling travel book Unsafe on the High Seas: Your Guide to a Safer Cruise, further stated that "the change reflects the overall growth of the firm, growth that's in large measure due to the growth of the cruise line industry. South Florida is the cruise capital of the world as it has the world’s largest passenger port and most of the major cruise lines are headquartered here.”

About the New Named Member of the Firm

Michael A. Winkleman has been with the firm for four years and concentrates his practice in admiralty and maritime litigation. Mr. Winkleman is also Appellate Counsel for the firm. He successfully argued in an Amicus Curiae brief filed with the United States Supreme Court in the landmark case of Atlantic Sounding v. Townsend. Mr. Winkleman is also the Assistant Editor of The Cruise Line Law Reporter, a free admiralty and maritime e-newsletter, which reports case summaries relevant to admiralty and maritime claims. In May 2010, Mr. Winkleman served as a faculty member at the 2010 Florida College of Advanced Judicial Studies and lectured on crewmember’s rights and obligations under the law to an audience of judges from across Florida.  He also recently authored an article on Forum Selection Clauses for the Florida Justice Association's Journal.

For more information about Mr. Winkleman or the firm please visit: www.Lipcon.com

June 16, 2010

Will the Cruise Ship Industry Do BP's Dirty Work

After a BP refinery in Texas exploded in 2005, killing 15 workers and injuring scores more, the oil giant paid $1.6 billion in settlements to employees and their families. But the families of the workers killed on BP's Deepwater Horizon rig in the Gulf of Mexico probably won't receive a similar windfall. That's because the Deepwater rig is legally considered an ocean-going vessel, and was more three nautical miles offshore at the time of the accident. As a result, the families of the dead workers can only sue BP and its contractors under a 90-year-old maritime law, the Death on the High Seas Act (DOHSA), which severely limits liability. In some cases, BP could get away with shelling out sums as paltry as $1,000.

Gordon Jones, a mud engineer killed on the Deepwater rig, left behind a pregnant wife who had quit her job to stay home with their two-year-old son. But thanks to DOHSA, the most BP could owe them is the equivalent of Gordon's salary over his working life, minus what he would have paid out in taxes and personal expenses. So if Gordon made $60,000 a year for the next 30 years, BP could owe the family less than a million dollars.

The math works out even worse for workers without dependents. Jones's brother Chris testified before the Senate Judiciary Committee that one of the other Deepwater workers who was killed was single and childless. That means his family would only be entitled to recover funeral expenses under DOHSA. But because his body was never recovered after the explosion, the funeral costs will be lower. BP could end up paying his family as little as $1,000 for their loss.

Chris and his father Keith have pleaded with Congress to fix the law so that any employer can be held accountable for negligence--regardless of whether an employee dies on land or at sea. Last week, Senate Judiciary chair Patrick Leahy (D-Vt.) introduced legislation that would do just that.

But Leahy's bill faces an ugly political fight. And giant oil corporations--the most obvious potential opponents of such legislation--may not even have to flex their lobbying muscle. There's another powerful industry with an interest in doing BP's dirty work to preserve the status quo. That would be cruise line operators--and when it comes to Beltway battles, the cruise lobby is no Love Boat.

Just ask Son Michael Pham, the vice president of the International Cruise Victims Association. In 2005, his parents went on a Caribbean cruise and never came back. Carnival Cruise Line, one of the world's largest cruise operators, never offered any explanation for what had happened, and has refused to discuss the incident with Pham and his family since then. That was how Pham discovered the horrible divide in the way the law treats people killed through negligence at sea. "We couldn't take legal action to get justice," he says. Long before the BP explosion, his group was lobbying Congress for DOHSA to be overhauled.

DOHSA was created in 1920 to ensure that the widows and children of seamen could get a share of their husbands' or fathers' salaries if they were killed at sea. The law was rather progressive for its time: Previously, the corporations didn't have to pay the widows anything at all. But DOHSA didn't change with the times. And because it's a federal law, it trumps state tort laws that allow injured people to recover all sorts of damages in personal injury cases, including punitive damages for truly egregious corporate behavior, compensation for grief or the loss of companionship, and even the pre-death pain and suffering of the victim.

DOHSA has been updated once, in 2000, when TWA Flight 800 crashed off the coast of New York, killing a host of children. Their families had had no legal rights to force the airline to pay out because the kids didn't have income. That year, Congress amended DOHSA, but only to allow commercial airline victims to sue for non-economic damages. The families of other folks killed at sea were still out in the cold.

Finally, in 2009, the cruise ship victims succeeded in getting legislation introduced with help from Sen. John Kerry (D-Mass.) that would have updated DOHSA in just the way Leahy has proposed. That change would have allowed families of cruise ship victims to sue for non-economic damages--a huge deal for cruise-goers, because so many are retired and have no salaries that would provide the basis of a legal award under the current law. It also would have saved the Jones family a trip to Washington to plead their case on behalf of Gordon's widow and children.

But the cruise industry spent $2.2 million fighting these changes. The Carnival cruise line company alone has donated more than $400,000 since 2007 to members of Congress from both parties, according to the Center for Responsive Politics. The offending provision was eventually removed from the cruise-ship safety bill.

The Cruise Lines International Association did not return requests for comment. But Pham says he has no doubt that the DOHSA revision will not slip by without the lobbyists' notice. "Cruise lines absolutely didn't want DOHSA to be part of that [2009 bill] at all," he says, noting that the industry would suddenly become liable for all sorts of incidents that it's currently able to dodge legal responsibility for--everything from on-board murders to rapes to mysterious disappearances like that of Pham's parents. "It's an industry that self-polices. When there's an incident on board, there's nobody but themselves investigating themselves. You're not going to turn yourself in."

Pham suggests that perhaps his group should join forces with the families of the deceased Deepwater workers. "Hopefully the current issue with BP will keep this issue in front and create more public awareness," he says. But, as he points, it's unfortunate that it "takes a tragic incident like [the Gulf spill] for people to realize they've been taking this for granted."

June 10, 2010

Father, daughter injured in parasailing accident

MIAMI -- Authorities with the Florida Fish and Wildlife Conservation Commission say a father and his 6-year-old daughter visiting from Chicago were injured while parasailing.

The accident happened early Monday evening in the waters off of downtown Miami.

Officials say the family's parasail malfunctioned after going up into the air, dragging the pair through the water and then back up again when the boat's tow rope broke and a gust of wind came in.

The two hit a sea wall and were eventually dropped on land.

Both were taken to Jackson Memorial Hospital and suffered bumps and bruises.

The name of the parasailing company, nor the identities of the victims, have been released.

Senate Unanimously Passes Matsui Bill to Extend Critical Consumer and Safety Protections to the Traveling Public

SACRAMENTO (OBSNews.com) – Today, the U.S. Senate unanimously passed legislation authored by Congresswoman Doris Matsui (D-CA) in the House of Representatives and championed by Senator John F. Kerry in the Senate. H.R. 3360, the Cruise Vessel Security and Safety Act, which was passed with bipartisan support in the House last November, is a critical and common-sense fix which will provide safety and security to Americans who go on cruise vacations without realizing they are not protected under U.S. laws when they leave its territorial waters.

“H.R. 3360 will improve the safety and security of all cruise ship passengers traveling in and out U.S. waters,” said Rep. Matsui. “Current law doesn’t pass the test of providing common-sense security measures to the travelling public to help protect them from crimes committed aboard ships or to adequately prevent individuals from going overboard. Moreover, current law does not provide the support victims and their families need in the event of a disaster. This legislation is critical to providing the security and safety measures that all Americans need and deserve, no matter if they are on land or at sea.”

“The term ‘duty free’ does not apply to the safety of passengers,” said Senator Kerry. “Murky lines of jurisdiction are no longer an excuse for risking the safety of millions of Americans who will board cruise ships this year. I applaud my colleagues for helping to ensure that security, safety, and accountability be strengthened to hold criminals accountable and end the cycle of serious crimes on these vessels.”

Matsui’s legislation would require the cruise industry to comply with a number of security provisions including specific rail heights, peep holes, warning devices, and cabin security measures. Additionally, the bill necessitates that vessels are equipped with a video surveillance system to assist in documenting and prosecuting crimes, and requires vessels to maintain a log book to record reports on specified complaints. Finally, the law will mandate cruise vessel personnel to contact both the Federal Bureau of Investigations (FBI) and the United States Coast Guard as soon as a crime involving homicide, suspicious deaths, missing U.S. nationals, kidnapping, assault, and other serious occurrences are reported.

“When the cruise safety legislation is signed into law, it will serve to protect Americans across the nation during what ought to be relaxing vacations,” said International Cruise Victims Association Chairman, Kendall Carver. “Without Congresswoman Matsui's efforts in the House and Senator Kerry's efforts in the U.S. Senate, this legislation would not have moved forward.”

Rep. Matsui started advocating for the modernization of existing legislation in 2006 after a constituent from her hometown of Sacramento came to her after being raped on a cruise ship. From that first letter, Rep. Matsui has since worked with advocates and victims’ rights organizations from all across the country to help bring this legislation to a reality.

Following today’s historic action by the Senate, Rep. Matsui will again work with her colleagues in the House to ensure final passage of this bill. Due to minor legislative changes included by the Senate, the House must pass said changes before the bill will go to the President for signature. Rep. Matsui is hopeful that can happen by the July 4th District Work Period.

Mara Lee is the Press Secretary for Congresswoman Doris Matsui who represents the 5th Congressional District in California.

Citrus County: Man badly injured in boating accident

Citrus County, Fla. - A man was badly injured when he fell out of a boat on the Homosassa River Wednesday night.

The man, who deputies say is in his 20s, was run over by the boat's propellor.

The call came into emergency officials at 9 p.m. Wednesday night from the Homosassa Channel.

The victim's legs were nearly amputated, according to the Florida Wildlife Commission. He's identified as a 23-year-old male.

A spokesperson with the FWC says the man and another person were traveling along the river when someone walked away from the wheel to adjust the boat's radio. The boat made an unexpected sharp right turn and one of the men fell off the boat.

The man was flown by medical helicopter to TGH.

His condition is unknown.

Cruise ship passengers say they were swindled in onboard art auctions

Are cruise ship art auctions fair or foul? It's a hot topic these days among cruisers -- and one the Detroit Free-Press today is taking a hard look at in a lengthy front-page story.

The sister paper to USA TODAY profiles a number of cruise ship passengers who have accused Detroit-based Park West -- the biggest player in cruise ship art auctions -- of selling fake, forged and overpriced artwork and using phony appraisals and certificates of authenticity.

Park West operates the art auctions on a number of lines including Norwegian Cruise Line and, until this year, Royal Caribbean.

The Free-Press quotes cruisers such as Marti Szostak, a 60-year-old nurse from Bargersville, Ind., who bought 21 pieces of art for $48,000 from Park West during art auctions on Royal Caribbean cruise ships in 2005 and 2007.

Szostak tells the news outlet she worked three jobs to pay for the art and then decided to sell, only to be told by art dealers that the art was largely worthless. She says experts told her signatures on limited-edition prints by Dalí she had bought at the auctions were forged.

"I was sick, I could hardly breathe," Szostak is quoted as saying.

Szostak is one of a number of Park West customers suing the company. The Free-Press says Park West faces charges of racketeering, fraud and violating consumer protection laws by using phony certificates of authenticity to misrepresent artwork, issuing bogus appraisals that vastly overstate the value of artwork, selling mass-produced photomechanical copies as limited-edition prints and selling fake artwork, including art with forged artist signatures.

Park West founder Albert Scaglione denies the allegations and tells the Free-Press the negative publicity is killing his business.

"These charges are ridiculous," he says. "We have never done anything wrong."

Scaglione tells the Free-Press Park West's annual revenue, at $250 million in 2007, has dropped by $100 million, forcing him to lay off half of his workforce.

June 4, 2010

Teen in critical condition after boating accident

A 13-year-old boy is suffering from severe injuries after he was involved in a boating accident Thursday.

"He fell into the water. The vessel was not able to stop on time, and the vessel just ran over the young man," said Jorge Pino of the Florida Fish and Wildlife Conservation Commission.

On Friday, Parker Brannon was still in critical condition, recovering at Jackson Memorial Hospital.

FWC officials said 17-year-old Kyle Jenson was driving the boat, and Brannon's 18-year-old brother, Andrew, was also on board.

Investigators said they believe the boat hit a wave and knocked the teenager in the water near Black Point Marina. The propeller then partially cut Parker's right arm and his left shoulder. "Any injury is a bad injury. He suffered some pretty extensive injuries," said Pino.

Thursday night, friends of the family said the Brannons are hoping for the best. "They're waiting to hear from the surgeons," said one man.

FWC said, after the accident, Parker's brother and friend quickly brought him to land and called for help. "It could of been a lot worse. The older brother and the operator of the vessel did exactly what they were supposed to do," said Pino.

FWC is investigating the crash. They're also waiting to interview Parker.

Investigators said, as of right now, this appears to be just a horrific accident.

June 3, 2010

Ponce Inlet Florida Boat Crash: Pregnant woman, father killed in boat wreck

A boat collision at an aqueous Memorial Day hot spot took the lives of a father and his pregnant daughter Monday, May 31, 2010. The tragic two-boat wreck happened near Disappearing Island in Volusia County, Florida, as reported by ClickOrlando.com.

Reports indicated 46-year-old Cyril Holley and his 19-year-old daughter Madison Holley were riding in a vessel when the unthinkable occurred. Another boat seemingly hurdled over Holley’s watercraft, crashing on top of it. Additional family members and friends reportedly occupied the second vessel involved.

According to witness Ryan Yadav, “The larger boat was just jumping off waves… I think it just took too much speed on and went right over. Cut the awning right off.”

FWC Spokesperson Joy Hill noted the crash occurred directly across from a United States Coast Guard (USCG) station.

Both Cyril and Madison Holley suffered fatal injuries in the boat collision. Madison Holley was apparently expected to give birth in two weeks. Her unborn child was also killed in the boating accident.

Reports stated two others were taken to area hospitals for treatment. The father of the unborn child was also allegedly onboard one of the vessels involved in the wreck. However, it was not disclosed if he was amongst those who received medical attention.

Investigations into the fatal Ponce Inlet boat crash are expected to be underway.

Legal News Reporter: Sandra Quinlan- Legal News for Florida Boat Accident Lawyers.

Cruise ship bartender accused of raping teenage girl

ORLANDO - A cruise ship bartender is accused of sexually abusing a 14-year-old passenger in April 2009.

According to court documents, the teenage girl said 30-year-old Hery Krispiyanto pulled her into a room aboard a Carnival ship, touched her inappropriately and raped her. The girl told her mother in August and the alleged incident was reported to the FBI.

Krispiyanto is being held without bond in Seminole County jail. His attorney, Peter Warren Kenny, noted the case is in its early stages.

Carnival said in an e-mail its top priority is guest safety and security, and it has fully cooperated in the investigation. Carnival said the alleged incident occurred aboard the Carnival Freedom in April 2009 and it was not reported to the cruise line by the girl or her family.

June 2, 2010

Must-See Cruise TV: Starring Oasis of the Seas, Sea Princess and More

It seems the folks over in TV Land are almost as excited about the summer cruising season as we are! We recently learned from Cruise Critic member Tag Boy that, in December, the Discovery Channel filmed a program called "Mighty Ships" -- which will be premiering on Discovery Channel Canada tonight -- aboard Royal Caribbean's Oasis of the Seas.

The show isn't scheduled to air in the U.S., but that doesn't mean cruising from the couch is off limits to non-Canadians. Another reader, Wendy Reynolds, shares via Facebook that the National Geographic Channel is also featuring Oasis in a program later this month. Also making an appearance on NatGeo this month is Princess Cruises' Sea Princess.

Here's the scoop on what's premiering, when:

"Mighty Ships: Oasis of the Seas," June 2 at 8 p.m. EDT -- The show, premiering tonight on the Discovery Channel (Canada only), will give a behind-the-scenes look into the prep for the maiden voyage of Royal Caribbean's Oasis of the Seas, as well as the logistics of managing the largest cruise ship in the world. (Editor's note: Look for the "International Critters," a large group of Cruise Critic members who were onboard during taping!)

"World's Toughest Fixes: Sea Princess," June 3 at 9 p.m. EDT -- What happens when a cruise ship springs a leak? This installment of "World's Toughest Fixes," focusing on heavy-duty industrial repairs, chronicles the immense process of putting Princess Cruises' Sea Princess into dry dock, locating the problem and repairing it.

"Man-Made: World's Largest Cruise Ship," June 10 at 10 p.m. EDT -- "Man-Made" goes behind the scenes at factories and inside machines to show how things are created from the perspective of the workers, contractors and inventors. This episode looks into how Oasis of the Seas was built and what technology was utilized to facilitate its innovative features.

But that's not all -- although the listings we checked don't show them airing in the next few weeks, you may want to keep an eye out for these cruise-related reruns:

"World's Toughest Fixes: Radiance of the Seas" -- The show tags along as the ship has a massive new onboard power plant installed.

"Man-Made: Ultimate Cruise Ship" -- Another episode of this show is centered on Radiance of the Seas; camera crews spent a week documenting the ship's preparation for its first-ever New Year's cruise.

Brain injuries not created equal: Why Bret Michaels lived while Gary Coleman's hemorrhage was fatal

Both men were relatively young when they were sidelined by a traumatic brain injury. Yet actor Gary Coleman succumbed last week at the age of 42, and rocker Bret Michaels, 47, is back on the scene, fresh off his "Celebrity Apprentice" win and looking like a bandanna-clad poster child for robust good health.

How can a cerebral hemorrhage have such different consequences? It depends upon the type of hemorrhage, its size, what area of the brain is affected and the overall health of the victim, experts say.

Both an intracranial hemorrhage (which occurs inside the brain tissue) or a subarachnoid hemorrhage (which bleeds into the lining around the brain) have the potential to kill. Bleeds in certain areas of the brain (such as the ones that control heart rate and breathing) are much more likely to be fatal than, say, a hemorrhage into a region that controls speech or vision.

"It’s like real estate - location, location, location," says Dr. Toby Gropen, chairman of the department of neurology at Long Island College Hospital. "And the size of the hemorrhage makes a difference, too."

The brain stem, which is about the size of a thumb, is an unfortunate place to suffer a brain hemorrhage, says Dr. Jeffrey Frank, neurology professor and director of neurocritical stroke care at the University of Chicago. "A substantial stroke in the brain stem could be catastrophic, while people who suffer a stroke in the language area would face disability but it would not be as devastating," he explains.

Dr. Randolph Marshall, professor of neurology at Columbia University School of Medicine and chief of the stroke division at New York Presbyterian Hospital, says Coleman's multiple health problems most likely played a significant role in his outcome after the brain injury. "He had other sources of inflammation relating to his kidney disease," Marshall says. "This can make it much more difficult to recover."

Recurrent strokes tend to be more devastating than the first stroke, says Gropen, which is why it is so important for stroke victims to pay attention to symptoms and get treatment. And, Gropen adds, there are certain risk factors for hemorrhagic strokes that people can actually control. Smoking, high blood pressure, obesity and heavy alcohol usage all can be contributing factors, he says. Drug use, especially when it includes cocaine, also ups the risk of stroke.

"We know that the treatment of risk factors and their elimination can have a profound effect on eliminating the risk," Gropen says.

June 1, 2010

Bartender Accused Of Abuse Aboard Cruise Ship

A cruise ship bartender is accused of sexually abusing a 14-year-old passenger last April.

According to court documents, the teenage girl said 30-year-old Hery Krispiyanto pulled her into a room aboard a Carnival ship, touched her inappropriately and raped her. The girl told her mother in August and the alleged incident was reported to the FBI.

Krispiyanto is being held without bond in Seminole County jail. His attorney, Peter Warren Kenny, noted the case is in its early stages.

Carnival said in an e-mail it's top priority is guest safety and security, and it has fully cooperated in the investigation. Carnival said the alleged incident occurred aboard the Carnival Freedom in April 2009 and it was not reported to the cruise line by the girl or her family.

Man, pregnant daughter killed in Florida boating accident on Memorial Day

PONCE INLET — A busy Memorial Day holiday at the beach along Volusia County turned tragic when two boats collided in Ponce Inlet, killing a DeLand-area man, his adult daughter and the woman's unborn baby.

The crash occurred when a 25-foot boat ran over the top of a smaller boat at about 4 p.m., said Joy Hill, a spokeswoman for the Florida Fish and Wildlife Conservation Commission, which is investigating the crash.

All of those killed were aboard the smaller boat, a 17-foot 2006 Sundance, Hill said.

She identified the three victims as Cyril J. Holley Jr., 46, his daughter, Madison Holley, 19, and her unborn child. Both lived at the same address on Hontoon Road near DeLand.

Hill did not know the gender of the unborn baby, but said the child was "just weeks away from being born."

Three people told officers they were injured. Two of them were admitted to Bert Fish Medical Center in New Smyrna Beach, she said. Neither their names nor the extent of their injuries was released. The third person who was hurt refused treatment, Hill said.

It was not known which of the boats the injured where aboard.

There were seven people aboard the smaller boat and six on the other vessel, a 25-foot 1989 Chaparral, Hill said.

All of them were either related or knew each other, Hill said. "It's very, very tragic," she said.

Investigators are looking into the possibility that the wake from another boat might have contributed to the crash, said Hill, adding that fatal boating accident investigations "often take months to complete."

The crash occurred in the Intracoastal Waterway, "right across from the Coast Guard station," Hill said. It was just south of Disappearing Island, she said.

Disappearing Island is an area that forms from sandbars when the tide goes out, said Capt. Scott Petersohn of the Volusia County Beach Patrol. People like to go there "because there are no real rules about drinking," he said.

Some of the victims were taken to Disappearing Island before rescue workers arrived, said Petersohn, whose agency used its boats to transport some of the occupants of the two boats to shore.

The beaches were packed Monday as locals and tourists alike celebrated the holiday that signals the beginning of summer.

"It was a crazy day today," Petersohn said. "We had a huge crowd."