Patricia Franza v. Royal Caribbean Cruises, Ltd., 772 F.3d 1225

Background

Pasquale Vaglio, a passenger aboard Royal Caribbean’s Explorer of the Seas, suffered a serious head injury while docked in Bermuda, was seen initially by an onboard nurse, later by the ship’s physician, deteriorated, and died a week later.
Plaintiff (Vaglio’s daughter and estate representative, Franza) sued Royal Caribbean in admiralty under general maritime law alleging the ship’s nurse and doctor (both alleged employees) rendered negligent care.
Franza did not sue the medical providers directly; she sought to impute liability to Royal Caribbean under (1) actual agency/respondeat superior and (2) apparent agency.
The district court dismissed: it applied the Fifth Circuit’s Barbetta rule to bar respondeat superior for passenger medical malpractice and found the apparent agency claim inadequately pleaded.
On appeal, the Eleventh Circuit reversed, declining to follow Barbetta and holding that both actual and apparent agency theories may be pleaded and that the complaint sufficiently alleged agency, control, detrimental reliance, and a plausible negligence claim.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether respondeat superior can impute shipboard medical negligence to a cruise line	Franza: ordinary agency/respondeat superior applies where shipowner employed and controlled onboard medical staff	Royal Caribbean: Barbetta and similar precedent categorically bar vicarious liability for passenger medical care	Court: Barbetta rejected; respondeat superior may apply factually when plaintiff plausibly alleges employment, control, and scope of employment
Whether apparent (ostensible) agency can support vicarious liability for onboard medical negligence	Franza: cruise line’s representations (billing, uniforms, marketing, introductions) created reasonable belief and induced reliance	Royal Caribbean: argued apparent agency not available (and relied on Barbetta-era assumptions)	Court: apparent agency available in admiralty; complaint plausibly alleged representations and detrimental, justifiable reliance
Whether Franza plausibly alleged control (element of actual agency) at pleading stage	Franza: alleged employment, salary payment, uniforms, company-owned infirmary, billing, and chain-of-command	Royal Caribbean: contract/ticket terms label providers independent contractors and Barbetta immunity	Court: allegations of payment, ownership of facility, uniforms, billing, and command structure plausibly show control; ticket not considered at motion to dismiss stage
Whether complaint sufficiently pleaded negligence causation and damages	Franza: listed specific breaches (failure to assess/scan/evacuate/timely treat) and alleged deterioration and death	Royal Caribbean: argued dismissal appropriate because agency barred and pleading insufficient	Court: negligence elements were adequately alleged; dismissal improper

Key Cases Cited

Barbetta v. S/S Bermuda Star, 848 F.2d 1364 (5th Cir. 1988) (held shipowner not vicariously liable for passenger medical malpractice)
De Zon v. Am. Pres. Lines, 318 U.S. 660 (U.S. 1943) (recognized liability for ship’s doctor in Jones Act seaman context but limited to seaman/Jones Act circumstances)
Kermarec v. Compagnie Gen. Transatlantique, 358 U.S. 625 (U.S. 1959) (articulated shipowner’s duty to exercise reasonable care under the circumstances)
Moragne v. States Marine Lines, 398 U.S. 375 (U.S. 1970) (federal courts’ role in developing general maritime remedies)
Chaparro v. Carnival Corp., 693 F.3d 1333 (11th Cir. 2012) (pleading standard and admiralty negligence principles)
Langfitt v. Fed. Marine Terminals, Inc., 647 F.3d 1116 (11th Cir. 2011) (factors probative of control in maritime agency analysis)
Borg-Warner Leasing v. Doyle Elec. Co., 733 F.2d 833 (11th Cir. 1984) (elements of apparent authority under Florida law)
Arceneaux v. Texaco, Inc., 623 F.2d 924 (5th Cir. 1980) (apparent agency principles in tort contexts)