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A federal judge concluded that there was "enough evidence" to allow a jury to decide whether Royal Caribbean Cruises Ltd. would be the judge. had to take responsibility for the excessive death of a 22-year-old Omaha man while on a cruise leaving Port Everglades just before Christmas 2016.
Todd and Lisa Skokan, of Omaha, sued Royal Caribbean in the US court in Miami in December 2017. This action comes nearly a year after their son, Nathan Skokan, a senior from the University of Nebraska-Lincoln, stepped into the sea. 12th-level Bridge of Independence of the Seas shortly before 2 am, the last day of a five-night family cruise. It disappeared on December 22, 2016, with the vessel approximately 30 miles southeast of Key Largo.
The couple says the cruise company was negligent because it served too much alcohol to her son and that she did not immediately begin the research and development efforts. rescue after being reported to the sea.
They also stated that the cruise line had intentionally caused emotional distress to the family by informing the ship's officials and the media that it was "intentionally" fallen into the sea – making them believe that it was safe for them. Was committed suicide – even though many witnesses told ship officials that he had slipped from a handrail during pretense to go to sea in response to a joking suggestion. from another passenger.
In addition, the family accuses Royal Caribbean of false imprisonment, claiming that the cruise company ordered them to return to their cabin during search and rescue operations and posted a large protector to prevent them from leaving the ship until they were cleared. on his return to the port.
In her motion for summary judgment, Royal Caribbean asked US Judge Cecilia M. Altonaga to dismiss all of the couple's claims. But the judge declined, finding that the plaintiffs had presented enough evidence to counterbalance the cruise line's claim that the Skokans did not have standing to defend their case.
In his petition, Royal Caribbean denied the fact that Nathan Skokan's alcohol consumption during the day was closely related to his death, claiming that he had made an "intentional" and "conscious" decision to jump over the railing. But the Skokans have presented "ample evidence" challenging the argument of the cruise company, said the judge, including witnesses who had seen him drunk before his death and who l & rsquo; Had seen losing balance and going to sea by accident.
"Nathan, intoxicated, went to the deck outside the ship on the 12th floor with several passengers that he had met during the cruise," said the order. . "One of those passengers jokingly suggested jumping overboard, showing the ramp." In turn, Nathan pretended to throw himself on the ramp, but when he went there Sit on the ramp, he fell to the side … One of the passengers said that Nathan, apparently intoxicated, had lost balance, had slipped and had accidentally flipped over over the guardrail of the ship. "
Royal Caribbean's lawyers did not immediately respond to a request for comment on Thursday. Michael Coyle, one of the Skokans' lawyers, said in a written statement: "The Skokan family is delighted that the court has quashed the motion for interim relief (judgment) and looks forward to continuing the case" .
Altonaga's order stated that Nathan Skokan had served at least 30 ounces of alcohol in the 12 hours before his death, "including six big martinis at the martini-making class earlier in the day and at least seven vodkas, two vodkas mixed with Red Bull and a cognac. "His blood alcohol level was at least 0.256%, as one expert stated in his testimony" presented an extreme risk of prejudice".
The judge also challenged the cruise line's assertion that his search and rescue efforts "were reasonable in law."
"Even though the eyewitnesses immediately warned the cruise crew that Nathan had fallen overboard from the 12th floor deck," the cruise company "did not get down the rescue boats two hours after being warned his rescue team 2 was not ready for more than an hour and a half after rescue team 1 was ready, and placed his crew members about 30 meters above the water at night, without resorting to additional search and rescue techniques ", indicates the order.
With respect to the Skokans' assertion that the cruise company intentionally inflicted emotional distress by announcing that their son "voluntarily" fell into the sea after witnesses said otherwise, the judge ruled that only a jury could decide.
Finally, the judge stated that there were "genuine differences" as to whether the Skokans were confined against their will during Search and Rescue operations.
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