July 02, 2012

Royal Caribbean Cruises, Ltd. v. Ricardo Andino – Continued


In this case a cruise ship passenger was injured while participating in a jet ski tour on Royal Caribbean’s private island, Coco Cay.  Royal Caribbean filed a limitation of liability action, seeking to limit the amount of damagesthe Plaintiff could recover.  As part of that action, the passenger filed a claim against an RCCL employee who was involved in the jet ski accident.  This instructor resided on Royal Caribbean’s private island and sought to avoid being served with process in this lawsuit.  Royal Caribbean’s attorneys filed a motion on the third party defendant’s to quash service, stating that the Plaintiff had not complied with procedural service requirements.  Plaintiff argued that everything that could reasonably be done to serve the third party had been done, and that due process rights were not at issue as the third party already had notice of the lawsuit.  The Southern District of Florida agreed and denied the Defendant’s Motion to Quash Service.