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Old December 25th, 2002, 08:03 PM
norm norm is offline
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Join Date: Aug 2000
Posts: 2,266
Default Re: Court of Appeals Case

Lisa,

oh pleeeease! they are suing because he burned his feet on the deck, give me a break! talk about stupid and friviloius lawsuit! how can it be Carnival's fault that the sun heats up the decks! i suppose if he burned his feet in the sand they would sue the beach!!

I agree with your sentiments. Then again, there are many similar cases that courts should have dismissed in the past but that instead resulted in huge awards. The woman who dumped a cup of hot coffee in her lap and then sued McDonald's because the coffee was too hot comes to mind. Then again, it's also possible that the child was in the supervised children's program operated by the cruise line when the injury occurred. If such was the case, the cruise line would be liable for the actions of its youth staff.

That said, it's important to remember that, in this instance, the Court of Appeals for the Third Circuit did not rule on the merit of the case. Rather, the court ruled only that a an artificial deadline for filing lawsuits in one cruise line's contract of passage was illegal and thus unenforceable. On remand, the trial court still may either dismiss the suit on other grounds or order it shifted to another venue (Miami) without conducting a trial. A finding of either parental irresponsibility or liability on the part of the cruise line, however, requires the trial court conduct a trial to establish such a fact. Such a trial has not yet occurred.

Norm.
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