753 F. Supp. 2d 1245
S.D. Fla.2010Background
- Peterson, an elderly passenger, alleges injuries from medical treatment aboard the MS Celebrity Solstice while en route as a Celebrity Cruises passenger.
- Peterson was treated by onboard physician Dr. Newball and nurses; evacuation plans to a Dominican Republic hospital were arranged by Celebrity, including a medical helicopter.
- Peterson asserts the cruise ticket contract states no medical personnel are Celebrity employees, implying an agency relationship; Celebrity submits the contract showing personnel are independent contractors and not under Celebrity control.
- Peterson sues for vicarious liability for negligence; he also pleads a voluntarily assumed duty by Celebrity regarding evacuation arrangements.
- Celebrity moves to dismiss under Rule 12(b)(6), arguing no vicarious liability for medical staff under general maritime law and insufficiency of the voluntarily-assumed-duty claim.
- The court will issue a dismissal order, distinguishing actual agency, apparent agency, and voluntarily-assumed-duty theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether actual agency can support vicarious liability | Peterson relies on agency theory to bind Celebrity for medical staff negligence. | Under general maritime law, cruise lines are not vicariously liable for onboard medical staff negligence. | Actual agency claims dismissed with prejudice. |
| Whether apparent agency exists to support vicarious liability | Peterson argues apparent agency can survive despite Barbetta. | Apparent agency is unlikely given explicit disclaimer and uniformed staff; belief unreasonable as a matter of law. | Apparent agency claims dismissed without prejudice. |
| Whether Celebrity voluntarily assumed a duty to evacuate | Celebrity undertook evacuation arrangements, creating a duty of reasonable care. | Plaintiff pleads only negligent medical procedure by staff; no negligent procurement claim against Celebrity appears. | Voluntarily-assumed-duty claims dismissed without prejudice. |
Key Cases Cited
- Barbetta v. S/S Bermuda Star, 848 F.2d 1364 (5th Cir. 1988) (general maritime law does not impose respondeat superior liability for shipboard medical staff)
- Hajtman v. NCL (Bahamas) Ltd., 526 F. Supp. 2d 1324 (S.D. Fla. 2007) (evidence weighing against apparent agency; duty not reasonably believed)
- Hesterly v. Royal Caribbean Cruises, Ltd., 515 F. Supp. 2d 1278 (S.D. Fla. 2007) (supporting absence of vicarious liability for medical staff)
- Doonan v. Carnival Corporation, 404 F. Supp. 2d 1367 (S.D. Fla. 2005) (apparent agency analysis factors; dissemination of agency belief)