The US Court of Appeals for the Eleventh Circuit ruled that a complaint filed by passengers against a cruise ship operator that alleges specific facts that, if proven, would sustain a finding of negligence is sufficient to withstand a motion for dismissal. In the instant case, plaintiffs alleged that an employee of the cruise ship operator encouraged them to go on a specific excursion during an island port call. They went on the excursion which included transportation on an open-air bus. The bus encountered the funeral service for a member of a local crime gang. A shooting broke out and plaintiffs’ decedent was hit and killed by a stray bullet. The complaint alleges that the cruise ship operator was aware of the local crime problem and failed to warn plaintiffs. The court held that these allegations were sufficiently specific to allow the case to go forward.Chaparro v. Carnival Corporation, No. 11-14047 (11th Cir., September 5, 2012).Reported to IFTTA by Larry Gore.
