11th Circuit Lowers Shield of Immunity for Negligence of Cruise Ship's Medical Crew

11th Circuit Lowers Shield of Immunity for Negligence of Cruise Ship's Medical Crew

Franza v. Royal Caribbean Cruises, Inc., No. 13-13067, 2014 WL 5802293 (11th Cir., Nov. 10, 2014).

Finding no prior 11th Cir. or its predecessory 5th Circuit precedent "whether a passenger might invoke the principles of actual agency,or those of apparent agency to impute to a cruise line liability for the medical negligence of its onboard nurse and doctor," the panel rejects the prior rule of Barbetta v. S/S Bermuda Star, 848 F.2d 1364 (5th Cir. 1988) which immunized the cruise vessel for negligence of the onboad medical crew.

Agency principles have long been applies across the wide spectrum of maritime law. There is nothing inherent in onboard medical negligence when commmitted by full time employees acting within the course and scope of their employment which justifies a suspension of the accepted priniciples of agency.Royal Caribbean pointed to the contract of carriage which limits the liability of the carrier as the medical crew are independent contractors.  The court declined to consider this argument at this early stage.

In sum, the court held that the complaint alleged sufficient facts to support a claim of agency and apparent agency, reversed the trial court and remanded the case for further proceedings.