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A federal judge concluded that there was "enough evidence" to allow a jury to decide whether Royal Caribbean was to be held responsible for the death of a 22 year old passenger during a cruise leaving Port Everglades just before Christmas 2016.
Todd and Lisa Skokan sued Royal Caribbean in the US District Court in Miami in December 2017, nearly a year after their son, Nathan Skokan, had gone to sea from the 12th-level deck of the United States. Independence of the Seas, shortly before 2 am day of a family cruise of five nights. He disappeared on December 22, 2016, the ship being about 33 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 accuse the cruise company of deliberately causing emotional distress by informing the ship and the media that he was "voluntarily" fallen into the sea – making them believe that he "s safe. was committed suicide – although several witnesses told the ship's officials that he had slipped from a handrail during pretending to go to sea in response to a joke suggestion from a other passenger.
In addition, the family, originally from Omaha, Nepal, charges the Royal Caribbean with false imprisonment, claiming that the cruise line ordered him to return to his cabin during search and rescue operations and posted a large guard to prevent them from leaving the boat returned to 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 refused, finding that the plaintiffs had presented enough evidence to counterbalance the cruise line's claim that the Skokans had no legal power to plead their case.
In his application, Royal Caribbean denied that Nathan Skokan's drinking during the day was closely linked to his death, stating that he had made an "intentional" and "conscious" decision to skip part of the day. on 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 overboard.
"Nathan, while drunk, went to the deck of the ship on the 12th floor with several passengers he had met during the cruise," said the order. "One of these passengers jokingly suggested that they should jump overboard, showing the handrail. In turn, Nathan pretended to throw himself on the handrail, but when he went to sit on it, he fell to the side … One of the passengers testified that Nathan, apparently intoxicated , lost balance, slipped and accidentally spilled the ship 's railing. "
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 pleased that the court has dismissed the application for interim measures. [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 during martini making 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%, which one expert said:" presented an extreme risk of harm ".
The judge also disagreed with the cruise line's claim that its search and rescue efforts "were reasonable in law".
"Even though the eyewitnesses immediately informed the cruise staff that Nathan had fallen overboard from the 12th floor deck," the cruise company "did not get the rescue boats off the ground two hours after being warned; Rescue Team 2 was not ready for more than an hour and a half after the launch of Rescue Team 1; and placed his crew members about 30 meters above water at night, without resorting to additional search and rescue techniques, "says the order.
With respect to the Skokans' claim that the cruise company intentionally inflicted emotional distress by announcing that their son "voluntarily" fell into the sea after witnesses had declared the contrary, the judge ruled that only one jury could decide.
Finally, the judge ruled that there were "genuine differences" as to whether the Skokans were confined against their will during Search and Rescue operations.
Royal Caribbean claimed to have never told the Skokans that they had to stay in the cabin, that the Skokans had never asked to leave and that the crew member was posted in front of the door from their cabin was there for "help". "Are misinterpreted" the hospitality for detention, "said Royal Caribbean.
However, the Skokans argued that the "security chief" of the cruise line had ordered a security guard to escort the family to their cabin and "stay there".
"Once [Royal Caribbean] The Skokan family's guard, a "big," big and "intimidating" guard was posted immediately outside the cabin door, "said the judgment, adding that Nathan Skokan's parents and one of his brothers "all testified that the caretaker did not allow him to leave the cabin. "
Skokans are represented in this case by Fraser Stryker PC LLO, based in Omaha, Neb. And by the law firm Paul M. Hoffman, based in Fort Lauderdale.
Royal Caribbean is represented by Mase Mebane & Briggs P.A. of Miami.
A jury trial is scheduled to open on November 13, according to court records.
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