A class action lawsuit alleging Celebrity cruise line put passengers at risk during the coronavirus outbreak should stand, plaintiffs argue.
Lead plaintiffs, cruise passengers Fred and Marlene Kantrow, claimed that the cruise line allowed packed dance floors and busy buffets to continue and downplayed the severity of the situation despite mounting evidence that close quarters could lead to a coronavirus outbreak in the early days of the pandemic.
The pair alleged in their Celebrity cruise line class action lawsuit that they and other passengers suffered severe emotional distress from their exposure to the virus while on the cruise.
In a recently filed motion to dismiss, Celebrity cruise line argued that the plaintiffs could not prove that they contracted COVID-19 while on the cruise. Further, the cruise line asserted that the plaintiffs were simply complaining about exposure to the virus.
“The Amended Complaint explicitly states that both Plaintiffs ‘contracted COVID-19’ aboard Defendant’s vessel, the Celebrity Eclipse, as consequence of Defendant’s tortious response to the virus outbreak aboard its vessel,” contends the response to Celebrity’s motion to dismiss.
The plaintiffs shot back, noting that they both suffered symptoms from the virus after the cruise, including fever, severe cough, respiratory distress, fatigue, reduced lung capacity, body aches, chills, nightmares, loss of taste and smell, and gastrointestinal difficulties. In addition, they say that they suffered severe emotional distress after learning that two passengers on their cruise died from COVID-19.
In their response, the plaintiffs say that Celebrity cruise line boarded passengers in a negligent manner.
They say they have adequately demonstrated that the cruise line knew about the danger of a coronavirus outbreak, but continued to board passengers in an unsafe manner. Passengers were reportedly not screened prior to boarding for the sickness. Further, Celebrity was “lackadaisical” during the boarding process itself, claim the plaintiffs.
According to the class action lawsuit, Celebrity cruise line crew members’ actions and decisions during the cruise support the plaintiffs’ claims that the cruise line acted negligently and put them and other passengers at risk.
In their response to Celebrity’s motion to dismiss, the plaintiffs assert that their allegation that the cruise line hid information about the coronavirus outbreak is enough to support these claims.
The cruise line knew about the severity of the virus, say the plaintiffs in their response, because they already had passengers in their infirmary demonstrating symptoms of the disease; however, the captain allegedly told the other passengers that everyone onboard was “healthy and happy.”
“The conduct of cruise lines, like Celebrity here, in deliberately concealing a deadly infectious disease outbreak aboard a cruise ship — especially during a 30-day voyage — is outrageous, atrocious and should not be tolerated in a civilized society,” states the response.
The plaintiffs argue that the court should toss Celebrity’s motion to dismiss and allow the class action lawsuit to proceed.
As the coronavirus outbreak drags on, Top Class Actions is helping consumers stay on top of legal issues with its COVID-19 guide.
Do you think Celebrity cruise line should face allegations that they put passenger lives at risk for profit in the face of the coronavirus outbreak? Tell us in the comment section below!
The plaintiffs are represented by Jason R. Margulies, Michael A. Winkleman, Jacqueline Garcell and L. Alex Perez, all of Lipcon Margulies Alsina & Winkleman PA.
The Celebrity Cruise Line Coronavirus Outbreak Class Action Lawsuit is Fred Kantrow, et al. v. Celebrity Cruises Inc., Case No. 1:20-cv-21997, in the U.S. District Court for the Southern District of Florida.
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