Tello v. Royal Caribbean Cruises, Ltd

939 F.Supp.2d 1269 (2013)

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Nature of the Case

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Facts

P and son Jose were passengers aboard D's cruise ship. On the night of January 4, 2011, Jose and his friends went to the cruise ship's bar/dance club. Bartenders served Jose multiple alcoholic beverages, and Jose became intoxicated. Jose left the club at around 3 a.m. He proceeded to walk around the cruise ship in an inebriated and disoriented state. Jose encountered a crewmember who was cleaning the game room. Jose appeared intoxicated to the crewmember, and the crewmember could sense that 'something was wrong.' The crewmember did nothing to assist Jose. Jose exited the game room and proceeded to walk around the ocean deck. He attempted to reenter the interior of the ship twice, but the doors that he tried to open were locked. Jose then approached a service ladder and began climbing the outside railing. He fell overboard and presumably drowned. P began her search for Jose. Belize Coast Guard officers were not notified until 11 a.m. that a passenger from ship had fallen overboard. The ship allegedly maintained 800 closed circuit television cameras on board. At the time of Jose's fall, however, no one was manning the surveillance room. Following review of video footage showing Jose's fall, the ship's captain or someone in similar uniform told P that her son had committed suicide. P is a devout Catholic, and in the theology of the Catholic Church, death by suicide is allegedly a 'grave or serious sin, preventing the sinner's soul from eternal life.' P filed this action against D. D moved to dismiss under 12(b)(6).