Gabriele Kressly v. Oceania Cruises, Inc.
16-16889
| 11th Cir. | Dec 13, 2017Background
- Plaintiff Gabriele Kressly fractured her left hip aboard the cruise ship Regatta on Nov. 1, 2014, when the ship pitched during severe weather; she required surgery and therapy.
- The ship’s captain observed worsening weather, altered course, reduced speed, and made multiple announcements warning passengers of adverse weather and advising them to remain seated and use handrails; the Cruise Director repeated the announcements.
- Captain’s log indicated the worst of the storm occurred between 5:00 p.m. and midnight; Kressly was injured at about 6:10 p.m. after attempting to stand in her cabin.
- Kressly argued Oceania had actual and constructive notice of dangerous conditions (weather forecasts and captain’s observations) and therefore owed a heightened duty of care beyond ordinary maritime reasonable care.
- Oceania contended it satisfied its duty by monitoring forecasts, adjusting course/speed, issuing warnings, and that there was no evidence the captain’s navigation or warnings were unreasonable or that Oceania knew of any specific hazardous condition in Kressly’s cabin.
- The district court granted summary judgment for Oceania; the Eleventh Circuit affirmed, applying the ordinary-reasonable-care maritime standard and finding no triable issue of notice or inadequate warnings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicable duty of care | Oceania should owe a heightened duty given severe storm risk | Ordinary reasonable care under circumstances governs | Court: ordinary reasonable care applies; no heightened standard |
| Notice of dangerous condition | Oceania had actual/constructive notice from forecasts and captain’s observations | No notice that conditions near the ship made the chosen route or warnings unreasonable | Court: no evidence Oceania had requisite notice; captain’s actions reasonable |
| Adequacy of warnings | Warnings were insufficient given unique risk | Captain and Cruise Director gave explicit repeated warnings advising to remain seated and use mid-ship decks | Court: warnings were sufficient; Kressly heard them and had cruise experience |
| Causation / triable issue | Severe weather created unique peril making crew liable for injury in cabin | No specific hazardous condition in cabin known to crew; accident caused by ship motion despite precautions | Court: no genuine dispute of material fact; summary judgment for Oceania affirmed |
Key Cases Cited
- Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625 (Sup. Ct. 1959) (shipowner owes duty of reasonable care to those lawfully aboard)
- Sorrels v. NCL (Bahamas) Ltd., 796 F.3d 1275 (11th Cir. 2015) (maritime duty measured by ordinary reasonable care under circumstances)
- Chaparro v. Carnival Corp., 693 F.3d 1333 (11th Cir. 2012) (discussing maritime duty of reasonable care and notice requirement)
- Keefe v. Bahama Cruise Line Inc., 867 F.2d 1318 (11th Cir. 1989) (benchmark is ordinary reasonable care and necessity of actual or constructive notice)
- Catalina Cruises v. Luna, 137 F.3d 1422 (9th Cir. 1998) (noting that greater risk from high seas may justify increased precautions, but not establishing a per se heightened standard)