Empress crewmen sue cruise line
Four crewmen who were permanently injured when their lifeboat plunged 60 feet during a horror evacuation exercise were fired by Royal Caribbean Cruises after seeking damages of over $60,000, US lawsuits allege.
In copies of the lawsuits obtained by , the four crewmen ? Nelson Calderon of Columbia, Rudolfo Hooker of Nicaragua, Lungelo Manxiwa of South Africa and Tarik Solomon of Canada ? are "seeking damages in excess of $15,000, exclusive of interest, costs, and attorney's fees".
Each suit has six charges. They claim Royal Caribbean Cruises were negligent, the was not seaworthy, the company failed to provide maintenance and care to the ship and they failed to treat the crewmen after their horror fall.
But in addition, it claims Royal Caribbean Cruises failed to give them wages they were owed and fired them when they spoke to a lawyer.
On September 7, 2004, the accident shocked the Island when seven of the 's crewmen were rushed to King Edward VII Memorial Hospital after their horrific fall.
Witnesses told the accident was "bloody" and "drastic". This was reflected by their long list of injuries:
Nelson Calderon, 44, of Colombia, former State room attendant. Injuries ? serious lung problems from water inhalation. Separated left shoulder, broken right shoulder. Large laceration on his scalp. Is having difficulty sleeping from nightmares. On a general ward at KEMH;
Rodolpho Hooker, 36, of Nicaragua. Former State room attendant. Injuries ? split top lip, cut under eye, one loose tooth, serious lung problems from water inhalation. Injured left leg, stapled shut on lower shin. Was unconscious until being pulled out the water. On a General Ward at KEMH;
Tariq Solomon, 26, of Canada. ex-Casino cashier. Chipped front tooth, severe lower back pain, bruising. Has been released from hospital, but still sees doctors regularly and is being treated by a physiotherapist.
Lungelo Manxiwa, 30, of South Africa. Former Casino slots manager. Injuries ? both shoulders were injured. He can lift his left arm with some difficulty. Was also released from KEMH less than one week ago but still visits a local physiotherapist.
The four lawsuits were filed this week in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County Florida by Miami-based attorney, John H. Hickey. And the defendants in the lawsuits are Royal Caribbean Cruises Limited (as part of Royal Caribbean Cruise Lines and under the umbrella of Royal Caribbean International).
"The defendant employed the plaintiff and... violated duties under the general maritime law and under common law to the plaintiff through their action and conduct," the lawsuits allege.
"On the date of the accident, the defendant cruise line was conducting a lifeboat drill on the subject cruise ship . The lifeboat drill was being conducted by crew members including the plaintiff who was employed by the Defendant ship owner. The Defendant cruise line required the crew members including the plaintiff to man a lifeboat which was suspended off the side of the ship and was in excess of 60 feet in the air. The lifeboat operations and maintenance of the lifeboat can be a matter of life and death," it alleged.
"Further, the Defendant chose to use a release mechanism for a lifeboat which the Defendant cruise line knew or should have known had a history of problems including releasing lifeboats while the lifeboat was in midair.
"The Defendant negligently maintained the lifeboat and negligently trained its crew in the operation of the lifeboats."
The suits alleged: "The Defendant cruise line failed to properly inspect and maintain those release mechanisms."
"As a result of this negligence of the Defendant cruise line, one of the lifeboats on the day of this accident became detached from the cables suspending it when the lifeboat and several crew members including the plaintiff were in the lifeboat. The lifeboat then plunged more than 60 feet into the waters off the cruise ship. Several of the crew members were thrown out of the boat when it crashed into the water. The injuries were so severe that after the accident the lifeboat carrying the crew members including Plaintiff herein was filled with blood."
Royal Caribbean Cruises "has failed and refused to provide all of the wages, living expenses and prompt and adequate medical care and treatment. Specifically, the Defendant discontinued medical care before Plaintiff was at a Maximum Medical Improvement and sent Plaintiff back to his home country. As a result of Defendant's actions in not providing medical care Plaintiff seaman's injuries were exacerbated and Plaintiff requires additional medical care and treatment.
"The Plaintiff has demanded that the Defendant provide him with maintenance and cure and with the medical care and treatment the Plaintiff so desperately needs."
Royal Caribbean "failed to provide ... reasonable hours of employment so as not to overwork them to the point of not being physically and mentally fit to carry out their duties".
It also said there was a "failure to ascertain the cause of prior similar accidents so as to take measures to prevent their reoccurrence..."
"Injuries are permanent or continuing in nature and Plaintiff will suffer these losses and impairments in the future...
"At the time of Plaintiff's discharge, Plaintiff demanded all his wages," but "Defendant refused to pay".
In addition the suits alleged: "Defendant discharged and/or terminated Plaintiff from employment for seeking legal assistance and/or employing an attorney, making a claim against the Defendant, or filing this or a similar lawsuit against the Defendant."
It is unknown whether a settlement will be made out of court or whether the crewmen will be given any compensation.
