869 F. Supp. 2d 1356
S.D. Fla.2012Background
- Cruise passenger injured aboard Celebrity Mercury under a ticket contract with limitations on liability.
- Ticket Contract states shipboard doctors are independent contractors and not controlled by Celebrity; passengers assume risk for medical personnel.
- Passenger signed an Xpress Pass acknowledging the contract terms; Medical Form states physicians are independent contractors.
- Medical Manual mentions shipboard physicians as company representatives, but Plaintiff never saw it prior to suit.
- Celebrity’s medical department is governed by RCCL; Dr. Diskin is a top medical official; references for Dr. Laubscher reviewed by nurse Adair.
- Courts consider apparent agency, negligent hiring, and misrepresentation claims in maritime contexts; this action seeks relief on Counts IV–VI which were pending summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether apparent agency exists to make Celebrity liable for Dr. Laubscher | Lobegeiger relied on contract and conduct suggesting agency | Ticket contract and independent-contractor designation negate apparent agency | No genuine issue; Plaintiff cannot show reasonable belief given contract terms. |
| Whether Celebrity negligently hired Dr. Laubscher | Hiring diligence was inadequate; file shows limited verification | Extensive credentialing and usual review; no red flags | No genuine issue; Celebrity's hiring process deemed sufficient. |
| Whether fraudulent misrepresentation premised on Celebrity statements survives | Statements by Celebrity/Laubscher induced reliance | Cannot vicariously liable for Laubscher's statements; no agency | Dismissed; no vicarious liability for representations. |
Key Cases Cited
- Doonan v. Carnival Corp., 404 F. Supp. 2d 1367 (S.D. Fla. 2005) (apparent agency elements; fact question at threshold)
- Suter v. Carnival Corp., No. 07-20298-CIV, 2007 WL 4662144 (S.D. Fla. 2007) (agency manifestation questions; ticket can impact reasonableness)
- Floyd v. Humana of Virginia, Inc., 787 S.W.2d 267 (Ky. Ct. App. 1990) (hospital/physician apparent agency; affidavit/context crucial)
- Roessler v. Novak, 858 So.2d 1158 (Fla. 2d DCA 2003) (appearance of hospital physician as agent despite independent contractor status)
- Hajtman v. NCL (Bahamas) Ltd., 526 F. Supp. 2d 1324 (S.D. Fla. 2007) (apparent agency considerations in maritime hiring)
- Barbetta v. S.S. Bermuda Star, 848 F.2d 1364 (5th Cir. 1988) (duty to hire competent physicians aboard ships)