First Asbestos Trial Against Cruise Line Yields $3.6 Million Awarded to Estate of Shipboard Electrician

Lipcon, Margulies, Alsina & Winkleman, P.A

Landmark Cases

CARAFFA v. CARNIVAL CORPORATION, Case No. 06-00964 CA 42 (11th Judicial Circuit in and for Miami-Dade County, Florida)

PROCEDURAL POSTURE: Estate of deceased Italian shipboard electrician sued Carnival in Circuit Court in and for Miami-Dade County Florida.  Trial 12/3/14 – 12/16/14 before Judge Jacqueline Hogan Scola.

OVERVIEW: Our firm brought a lawsuit against Carnival Cruise Line on behalf of the Estate of an Italian shipboard electrician who worked aboard Carnival ships from 1985 through 2000.  Notably, the Plaintiff worked aboard 4 steamships which asbestos as an insulator in the engine rooms and machine spaces – as testified to by a former Carnival chief engineer.  Our firm assembled a team including the Italian  occupational physician who first related the crewmember’s cancer to asbestos exposure and the Italian pathologist who performed an autopsy – who both opined that the Plaintiff’s cancer was related to asbestos exposure which occurred during his employment with Carnival.  The lawsuit against Carnival sought pre-death pain and suffering, and loss of earnings and support to the crewmember’s family as a result of his asbestos related cancer.  The case culminated in a 9 day trial and a 3.5 hour deliberation by the jury.

OUTCOME: The jury awarded the plaintiff $10.3 million dollars and found that he was 65% comparatively negligent for having smoked over 20 years before his death, resulting in a net verdict for the Plaintiff of $3.6 million.