Plaintiffs survive dismissal of Covid-19 lawsuit against Carnival Cruise Line

There have been reports of many people diagnosed with Covid-19 following cruise voyages. One voyage alone has been linked to 900 infections and 28 deaths. In turn, there have been numerous lawsuits, including class actions, filed nationwide on behalf of plaintiffs who have fallen ill. However, several of the cases have been dismissed for failure to show injuries, causation or damages.

 

On November 25th in Robert Archer et al v. Carnival Corporation and PLC et al (Case No. 2:20-cv-04203), a federal court judge in California denied Carnival’s motion to dismiss negligence claims brought by 17 passengers who allege they suffered Covid-19 symptoms after being exposed to coronavirus on a February cruise. The cruise left San Francisco for Hawaii, and among the passengers were 62 people who had been on the cruise ship’s prior voyage to Mexico, including two with symptoms of Covid-19. The plaintiffs allege the cruise line knew of the passengers’ illness yet failed to inform the new passengers, who might have then chosen to cancel the trip.

 

One passenger was dismissed from the case after reporting only experiencing “fatigue and extreme anxiety”, while the others developed “symptoms consistent with COVID-19” after coming into contact with the passengers who apparently had Covid-19. The judge found that the plaintiffs adequately alleged claims of negligence against the cruise line. The case may give plaintiffs some momentum after a string of losses.

 

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