PHILADELPHIA – A New Jersey cruise passenger who collided with another driver while under the influence of alcohol, after disembarking from a ship owned by a Chicago-based cruise line, now seeks to levy liability against the line for the injuries he suffered which have left him a quadriplegic.
Spirit Cruises, LLC and Entertainment Cruises, Inc. of Chicago first filed a petition on Jan. 6 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 stated.
“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 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 claimed and sought 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 alleged that it has valid defenses thereto on the facts and on the law.
The petitioner alleged 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.
UPDATE
Attorneys for Thomas filed an answer to the cruise line’s complaint petition on June 9.
“Claimant was 20 years of age at that time and, upon information and belief, pursuant to the rules, policies and procedures of petitioners, as well as the General Admiralty and Maritime Law, common law, and any other applicable laws, statutes and/or regulations, was not of age to lawfully purchase or consume alcoholic beverages. Claimant’s age was not checked when he boarded the vessel, nor was his age checked at any time that he ordered or was served alcoholic beverages aboard the Vessel,” the answer stated.
“Claimant ordered, was served, and drank a variety of alcoholic beverages throughout the evening, and became intoxicated to such a degree that he became visibly intoxicated, whereby a competent bartender or server knew or should have known he was intoxicated. Despite his intoxication, he was served alcoholic drinks on a continual basis for the entirety of the voyage by petitioners’ employees, agents, servants or workmen.”
In the accident, Thomas sustained catastrophic personal injury including a severe cervical fracture at the C4-C5 level, necessitating surgery with cervical spine fusion from C3 to C6 and severe spinal cord injury. The answer added he is now a quadriplegic unable to function in a normal fashion, will require extensive medical care, rehabilitative care and other services for the rest of his life.
In a response filed June 21, the petitioner denied the claimant’s points in their entirety.
The claimant is represented by Joseph F. Bouvier and Eugene Mattioni of Mattioni, Ltd. and Anthony Granato of Jarve Kaplan Granato Starr, also in Philadelphia.
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