PHILADELPHIA – A Chicago-based cruise line has filed a petition to exonerate itself from potential liability, in the case of a New Jersey cruise passenger who collided with another driver while under the influence of alcohol, after disembarking from one of the line’s ships.
Spirit Cruises, LLC and Entertainment Cruises, Inc. of Chicago filed a petition in the U.S. District Court for the Eastern District of Pennsylvania.
“It is alleged in claimant’s complaint that on July 14, 2018, claimant Malcolm Thomas was a passenger on the Spirit of Philadelphia in the navigable waters of the Delaware River owned and operated by the petitioner,” the petition states.
“Claimants have alleged that while he was a passenger on the Spirit of Philadelphia, he was served alcoholic beverages while he was not of legal drinking age, to the point that he became visibly intoxicated. Following his cruise on the Spirit of Philadelphia, Thomas was operating a motor vehicle and collided with another vehicle driven by Samar Isawa.”
It is alleged that Thomas sustained injuries as a result of the motor vehicle accident subsequent to his cruise on the Spirit of Philadelphia as a result of alcoholic beverages served to him while on the vessel.
Isawa has filed suit against Thomas and alleged that ABC Bars 1-10 served him alcoholic beverages to the point of intoxication.
“If any loss, damage, injury or death was sustained by claimants as aforesaid, such loss, damage, injury or death was in no way caused by fault, negligence, recklessness, or want of due care on the part of the vessel, petitioners or parties for whom they may be held responsible. Rather, any such loss, damage, injury or death was occasioned and incurred wholly without the fault, privity or knowledge of the petitioners,” per the petition.
“The aforementioned incident was caused either by factors for which no one was responsible, or was caused by or was contributed to by the fault and negligence of other persons or entities, or other conditions, for which petitioners are not responsible. The aforementioned incident was occasioned and occurred without fault of petitioners and without the privity or knowledge of petitioners.”
Petitioners claim and seek exoneration from liability, for any loss, damages or injury occasioned or incurred by reason of the aforementioned incidents, and for any and all claims thereof, the petitioner alleges that it has valid defenses thereto on the facts and on the law.
The petitioner alleges the claims arising out of the aforementioned incident may exceed the value of the Spirit of Philadelphia, which is $2 million. Furthermore, the petitioner is seeking the absolution of liability from itself for any and all damages in Thomas’s case.
The petitioner is represented by Timothy D. Rau of Marshall Dennehey Warner Coleman & Goggin, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-00049
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com