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Old 04-24-2010, 09:32 AM
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This past week, the U.S. Supreme Court heard oral arguments on a case involving a personal injury lawsuit filed against Costa Cruises. Or is that Costa Cruise Line? Or was it Costa Crociere? That it the crux of the matter.

It seems the lawsuit named Costa Cruises as the respondent yet the fine print lists Costa Crociere (cruise in Italian) as the carrier - Costa Cruises being the U.S. agent for the cruise line which apparently is considered an independent contractor even though their name is on the website, advertising, cover documents for tickets, and dozens of other places. There is also a 1 year statute of limitation involved, and it seems Costa waited until the year had passed before notifying the plaintiff "you sued the wrong company".

Lower courts upheld Costa's contention, and so now there they all are with big dollar lawyers presenting the case to the Supreme Court, which by my reading of the transcript doesn't buy Costa's reasoning. I think the court will rule that "Costa is Costa, no matter how you want to parse it".

All of this because a woman tripped over a cable on a Costa ship and broke her leg. This type of legal nonsense drives me crazy.

You can read the story and download a court transcript at Gene Sloan's USA Today column HERE
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Old 04-24-2010, 01:19 PM
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That would be like in the old days, Princess saying, "you can't sue us; we're just the cruise company. P&O owns and opeerates the ship--sue them."

You're right Dave:
1. Read the contract;
2. Buy insurance;
3. Look where you're walking.
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Old 04-26-2010, 09:49 AM
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This country has become "sue" happy because of some of the ridiculous awards that have been given due to lack of taking responsibility for one's actions. I can understand some of the cases brought to court, but, if you can't look where you're going, why should it be someone elses fault?
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Old 04-28-2010, 06:34 AM
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Quote:
This country has become "sue" happy because of some of the ridiculous awards that have been given due to lack of taking responsibility for one's actions. I can understand some of the cases brought to court, but, if you can't look where you're going, why should it be someone elses fault?
And it seems to be getting worse.
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Old 04-28-2010, 07:00 AM
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I realize everyone has a right to their day in court, including the Supreme Court. But my goodness, here we have the high court spending tax payer money to listen to two lawyers singing their versions of "you say tomato, I say tomahto" all over some woman who broke her leg.
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Old 06-07-2010, 01:18 PM
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And the Supreme Court has ruled on this case...

In a 9-0 decision the court held that Costa means Costa in any language, that the cruise line knew the woman meant to sue the cruise line and not it's U.S. agent, and thus has allowed the personal injury lawsuit to go forward.
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Old 06-07-2010, 02:17 PM
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I agree with you Dave: this case is not worthy of our money or the Court's time; but I do agree with the decision--a big company can't play games like that.
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Old 06-08-2010, 08:09 AM
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And so it goes, more verbage will be written into the cruise contracts. No wonder lawyers make so much money. I hope and pray that common sense will prevail.
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Old 06-08-2010, 12:36 PM
 
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I always read the fine print in contracts,sounds like cruise really not responsible for anything,,,,but I can see their point...would have been cheaper just to pay for injury,but person probably wants some BIG BUCKS not medical bills...Just as an aside...when we were on Viking River cruise a passenger fell and broke jaw..They provided hospital care,all bills, transport to next stop for her to reboard ship.Seems a decent way to handle the accident for all involved.Plus, travel insurance would have helped I m sure..
 
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