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Royal Caribbean Cruises are fighting against a class action lawsuit filed by crew members who claim the cruise line negligently exposed them to COVID-19.
Royal Caribbean’s motion to dismiss states that the plaintiff could not have suffered from the “laundry list” of illnesses that are part of his class action complaint. The defendant claims that the plaintiff is required to identify the injuries and damages that he suffered as a result of Royal Caribbean’s alleged misconduct.
“The shotgun-style pleading in bulk of every injury that could conceivably befall a person is decidedly insufficient to state a claim,” the defendant says.
The lawsuit was filed at the end of April by Mykola Molchun, who says he worked onboard one of the vessels owned by the defendant.
He claims that while working on one of the ships, he was exposed to the coronavirus and had a heightened risk of exposure while working on the ship as a result of the defendant’s conduct.
In addition, Molchun claims that many of the potential Class Members exhibited symptoms associated with the coronavirus while onboard the ships on which they served. He maintains that the cruise line refused to provide them with coronavirus tests or order them to self-isolate on the ship. Instead, Molchun says that crew members were required to continue working in close proximity to other crew members.
“This Class Action lawsuit deals with Defendant, RCCL’s careless and continuous failure to protect its crew members assigned to work aboard the vessels from COVID-19 – despite RCCL having prior notice pertaining to the dangerous conditions and/or explosive contagiousness associated with COVID-19 aboard its vessels,” the Royal Caribbean cruise line class action lawsuit explains.
The plaintiff claims that despite having notice that the coronavirus was present aboard the vessels, Royal Caribbean cruise line failed to follow the most basic safety precautions after acquiring such notice.
Such safety precautions would include quarantining Royal Caribbean crew members who were stationed aboard the vessels, providing the crew members with masks and requiring them to observe social distancing guidelines.
Molchun notes that Royal Caribbean cruise line threw St. Patrick’s day parties for its crew members aboard the vessels even when it had suspended future cruise operations for passengers on March 13, 2020.
In addition, the cruise line also reportedly allowed its Royal Caribbean crew members to eat at buffet settings aboard the vessels and mandated their participation in shipboard drills.
“As a result of its careless conduct further detailed below, RCCL negligently exposed and/or is currently exposing thousands of its crew members to COVID-19,” the plaintiff goes on to say.
The plaintiff claims that the defendant received a dire warning about how easily the coronavirus could spread on massive ocean liners, when the first cases emerged aboard the Diamond Princess, a vessel owned by Royal Caribbean cruise line.
In addition, the plaintiff notes that the cruise industry received another ominous warning of how severe the coronavirus could spread on cruise ships when the Grand Princess had a breakout off the coast of California.
Molchun maintains that the defendant had knowledge that at least one of its passengers from a prior trip had coronavirus symptoms and yet made the decision to proceed with the voyage.
Molchun states that the Royal Caribbean cruise line knew or should have known about the dangerous conditions aboard their vessels as early as Feb. 13, 2020, when the CDC published its Interim Guidance for Ships on Managing Suspected Coronavirus Disease 2019.
The defendant responds in their motion to dismiss that the plaintiff does not allege that he contracted the coronavirus and not alleged that he has experienced any physical or emotional injuries. In addition, the defendant claims that the plaintiff has not needed or sought any medical or psychological treatment. Also, the plaintiff has not claimed that he has incurred any economic loss of any kind.
Prospective Class Members in the Royal Caribbean crew class action lawsuit include: “Crew members who worked for Defendant aboard Defendant’s vessels and who contracted COVID-19 and/or were at a heightened risk of exposure while working aboard Defendant’s vessels and/or as a result of Defendant’s careless conduct alleged herein.”
Were you on a cruise and subjected to the coronavirus? Tell us your story in the comments section below.
The plaintiff is represented by Jason R. Margulies, Michael A. Winkleman, Jacqueline Garcell and L. Alex Perez of Lipcon Margulies Alsina & Winkleman PA.
The Royal Caribbean Cruise Line Class Action Lawsuit is Mykola Molchun v. Royal Caribbean Cruises Ltd., Case No. 1:20-cv-21792, in the U.S. District Court for the Southern District of Florida.
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