Cruise Ship Court Cases
Allison V. Carnival Corp
January 27, 2006
Carnival operates a cruise line from the Port of Galveston, Texas. In February 2002, Melody Allison, the real party in interest, joined her mother, Dorothy Mueller, on a four-day, round-trip cruise to Mexico on a Carnival ship known as the “Celebration.”
Mueller had suffered a stroke in early 2000 that required her to wear a feeding tube, so Allison inquired with Carnival’s “Special Needs Desk” before the cruise to ensure that care would be available for her mother aboard the ship. Allison understood that care would be available.
Carnival boarded one doctor and three nurses for the voyage. During the cruise, Mueller’s feeding tube became dislodged. According to Allison, Carnival’s medical personnel were unable or unwilling to reinsert the tube or make other treatment available. Three weeks after the cruise, medical personnel surgically reinserted the feeding tube. The surgery triggered a massive stroke, incapacitating Mueller.
In December 2002, Allison sued Carnival, North Channel Travel (her travel agent), John Doe (described as “a [ship] physician whose identity is not currently known”), and Jane Doe (described as “a [ship] nurse whose identity is not currently known”). Allison alleged negligence, breach of contract, breach of warranty, deceptive trade practices, and fraud.
In February 2003, in response to Allison’s requests for disclosure, Carnival identified Dr. Chris Uche, of the United Kingdom, and Constance Jackson, of the United States, as the medical personnel aboard the Celebration during the relevant period. Allison added Uche and Jackson as defendants, and served Jackson with suit. See Tex. R. Civ. P. 108a.
Close Although the trial court granted the motion, Allison never attempted such service. Rather, in March 2005, Allison noticed Uche and Petrescu for deposition through Carnival. Carnival filed a motion to quash on the grounds that these individuals were independent contractors and foreign nationals. Allison moved to compel Carnival to produce Uche and Petrescu for deposition and for death penalty sanctions upon any refusal, but the record does not reflect that the trial court ever heard and ruled upon the motion.
In August 2005, Allison located Uche in Georgia and served him with suit, and Allison again noticed the deposition of Petrescu through Carnival. Carnival again moved to quash the deposition, representing that Petrescu had retired from Carnival and was living in Romania. Allison filed a supplemental response to Carnival’s motion to quash and again moved for death penalty sanctions for Carnival’s failure to produce Petrescu for deposition. The trial court granted a default judgment against Uche.
In November 2005, the trial court held a hearing on Carnival’s motion to quash. Uche appeared at the hearing with his own counsel. At its conclusion, the trial court granted Allison’s motion for death penalty sanctions as follows:
Carnival, by its persistent pattern of evading discovery, giving false responses to discovery, and refusing to engage in discovery in good faith, has stepped far over the lines that would allow this Court to assess death-penalty sanctions. Its behavior has been brought to Carnival’s attention repeatedly during the course of the case, and the Court has given Carnival opportunities to deal responsibly.
Carnival’s refusal to produce witnesses at deposition combined with misleading and false answers to discovery require the imposition of substantial sanctions. Therefore it is, ORDERED that Defendant Carnival Corporation’s pleadings be stricken and a judgment in favor of Plaintiff on all liability issues is entered, with damages and attorney’s fees to be assessed after hearing.
