Rodriguez vs. Carnival Cruise Lines

Lipcon, Margulies, Alsina & Winkleman, P.A

Our Verdicts

Rodriguez vs. Carnival Cruise Lines

Dade County Case No. 83-5216
Judge Hickey

COADMIRALTY-JONES ACT-UNSEAWORTHINESS-FAILURE TO PROVIDE PROMPT TREATMENT: $700,000 jury verdict for impaired vision suffered by a 23-year old Costa Rican seaman. Plaintiff worked in the laundry room of the TSS Festivale. He claimed that he was provided undercooked meat which caused him to be infected by a parasite resulting in light perception only vision in one eye. Defendant claimed the meat was well cooked and that plaintiff was infected with the parasite from birth or prior to working for defendant. Plaintiff also claimed defendant did not provide prompt ophthalmologic medical care for him, resulting in further loss of vision. Defendant claimed that prompt care would have not helped save any of plaintiff’s vision, and claimed plaintiff was negligent for eating the food. Plaintiff was a white male, twenty-three years of age from Costa Rica. Drs. H. SAWELSON, S. NAGASWAMI, M. BLIJMEKRANTZ and H. COHEN all testified and agreed that the parasite could be from parasite poorly cooked or raw meat, milk, cats or congenital.

Verdict for plaintiff: Jones Act and Unseaworthiness-$500,000.00. Failure to promptly treat-$200,000.00. Plaintiff was found to be 25% comparatively negligent.

Total Verdict after reduction: $525,000.00