Concordia Survivors File Lawsuit in Fort Lauderdale

The Sun-Sentinel reports that six months after the Costa Concordia cruise ship tragedy, another lawsuit has been filed against Carnival Corp. & PLC, owner of the ill-fated ship, along with subsidiary Costa Crociere (Cruises). The July 13 suit, filed in Fort Lauderdale in the U.S. District Court, alleges several charges against Carnival and Costa, including fraudulent misrepresentation, maritime negligence and intentional infliction of emotional distress. Plaintiffs Amanda, Adrian and Brandon Warrick were among the more than 4,000 passengers and crew aboard the Concordia when it hit submerged rocks and capsized near a Tuscan island on Jan. 13. Miami attorney Gabrielle Lyn D'Alemberte, who represents the Warricks, said Wednesday the Warricks have a right to file a lawsuit here and not in Italy as the cruise ticket contract dictates, because they purchased their cruises on Costa's U.S. website. It also would be prejudicial to take it to Italy as they'd be barred from litigation there since there's no contingency for personal injury in this case, she noted.

The full Sun-Sentinel article can be found here =>
CONCORDIA SURVIVORS FILE LAWSUIT IN FORT LAUDERDALE-- Sun-Sentinel, http://www.sun-sentinel.com, July 19, 2012.

However, Ms. D'Alemberte's statements that it would be prejudicial to take the plaintiffs' cases to Italy because they would be barred from litigating there has been disputed by a number of Italian sources. Amongst these sources includes Italian lawyer and local maritime law professor, Attilio Costabel, who presented at the Maritime Law Association joint meeting of the Cruise Lines and Passenger Ships and Maritime Torts and Casualties Committee. Mr. Costabel made clear in his presentation in May 2012 that there were various remedies available to plaintiffs in Italy. It will be interesting to see which lawyer is proven correct.

If you are interested in contacting me, please feel free to do so at miamipandi@comcast.net or mov@chaloslaw.com.

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