Lawyer Sued by Passenger Client for Delaying Lawsuit

The Daily Business Review reports that a Coral Gables lawyer has been sued by a former client who claims he waited too long to file her lawsuit against Carnival Cruise Lines. In her June 21 lawsuit filed in Miami-Dade Circuit Court, Tania Pagliery said she hired Antonio S. Gonzalez to sue the cruise line for a slip-and-fall injury. She contends he promised to move the case forward but did not file a lawsuit, causing her case to be time-barred because no action was taken for more than a year after claims were made with the company. Ms. Pagliery alleges she was further aggravated when Mr. Gonzalez avoided responding to phone calls for months. Ms. Pagliery has hired maritime lawyer Jonathan Aronson to sue her former attorney.

This case emphasizes the fact that cruise line passenger tickets generally have a notice requirement and shortened time of one year to file a lawsuit. Blow that deadline and you blow your case. This case also emphasizes that clients seeking to claim against vessel operators need to seek out an attorney experienced in maritime law or otherwise board certified in admiralty and maritime law.

If you have any questions regarding this article or wish to contact me, you may reach me at miamipandi@comcast.net, motero@houckanderson.com or via LinkedIn at

http://www.linkedin.com/in/michelleoterovaldes.

Comments

Maritime Law--Florida's Arbitration Code Is Now Revised

Those of us that practice maritime law regularly must always be on the lookout for the contract that may contain an arbitration clause. Thus, any laws related to arbitration are important to those of us practicing in this sector. The Florida legislature has revised the Florida Arbitration Code ("FAC") and named it the Revised Florida Arbitration Code (the " Revised Act"). Since 1967, the FAC had gone mostly unchanged. The Revised Act addresses concepts that were not addressed in the old law, such as the ability of arbitrators to issue provision remedies, challenges based on notice, consolidation of separate arbitration proceedings, required conflict disclosures by arbitrators, among other major changes. The Revised Act lays out a detailed framework for international arbitration conducted under Florida law and repeals sections of the FAC. The Revised Act spells out what experienced arbitrators knew the case law to be, but codifies it all in one pl

Maritime Law--U.S. Crewmember Required to Arbitrate Claims Applying Norwegian Law

In Alberts v. Royal Caribbean Cruises, Ltd ., No. 15-14775 (11th Cir. Aug. 23, 2016), the U.S. Court of Appeals for the Eleventh Circuit held that a U.S. citizen, working aboard a Royal Caribbean cruise ship is required to arbitrate his claims against Royal Caribbean. Plaintiff, a United States citizen, worked as the lead trumpeter on a passenger Royal Caribbean cruise ship. The ship is a Bahamian flagged vessel with a home port in Fort Lauderdale, Florida. Royal Caribbean, the operator of the vessel, is a Liberian corporation with its principal place of business in Florida. After plaintiff became ill while working for Royal Caribbean, he filed suit alleging unseaworthiness, negligence, negligence under the Jones Act, maintenance and cure, and seaman’s wages and penalties. Royal Caribbean moved to compel arbitration, and the district court granted the motion. This appeal presented an issue of first impression: Whether a seaman’s work in international waters on a cruise ship

Maritime Law--Jury Hits Royal Caribbean Cruises With $20.3M Verdict for Officer's Hand Injury

In Spearman v. Royal Caribbean Cruises , Case No. 2011-023730-CA-01, a Miami-Dade County, Florida jury has awarded $20.3 million to a former crewmember of Royal Caribbean Cruises, whose hand was crushed while coming to the aid of a fellow worker during an emergency test in 2008. After a three-week trial, the jury found the Miami-based cruise company negligent in operating an unseaworthy ship and 100 percent liable for the injuries suffered by Lisa Spearman, who was working an officer on Royal Caribbean’s Voyager of the Seas . Spearman sued the company in 2011, three years after her right hand was caught in a watertight power door during a fire-safety drill. According to her lawyers, Spearman was trying to prevent the door from closing on the ship’s nurse when her hand was pulled into a recess pocket of the sliding door and crushed. The nurse allegedly breached the company’s safety protocol when she stumbled through the door, prompting the response from Spearman. Accordin

Miami Shipping Law

Search This Blog