Author Topic: Woman Sues Cruise Line After Falling Off Cruise Ship  (Read 410 times)

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Offline Luis Gonzalez

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Woman Sues Cruise Line After Falling Off Cruise Ship
« on: January 19, 2014, 12:04:43 PM »
Courthouse News Service

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MIAMI (CN) - After Carnival cruises got her so drunk she fell overboard, and eyewitnesses reported it, the captain refused to turn around the ship for 90 minutes, then refused to airlift her to hospital to treat her fractured bones, a woman claims in court.
     
Sarah Alexandra Badley Kirby sued Carnival Corp. and four people, including two doctors, in Federal Court.
     
Kirby says she was a paying passenger on the Carnival Destiny, which she describes as "a floating dram shop," for a cruise from Miami to Jamaica. With her on Oct. 21, 2012, were her fiancé and her friend Rebecca.
     
She claims a bartender at one of the ship's bars got her smashed on Long Island iced teas, which he "kept pushing on the plaintiff."
     
"Moreover, to encourage the plaintiff and her companions to buy more Long Island iced teas, the Carnival bartender offered them free $5 coupons for the ship's casino. The more drinks they purchased, the more free coupons the Carnival bartender offered the plaintiff and her companions," the complaint states.
     
Kirby says she became "extremely intoxicated," then "returned to her cabin with her friend Rebecca."

The complaint continues: "At approximately 12:10 am, the plaintiff stepped out to the cabin balcony to get some air. As she was holding on to the balcony's wooden banister, the plaintiff lost her grip and balance, slipped off the ground and fell overboard into the ocean. As she fell from the balcony, which was seven stories high (approximately 100 feet), the plaintiff fell onto a life raft, and after hitting the life raft, fell 5 more stories into the water. As a result, plaintiff suffered severe injuries, including: fractured orbital bones, lung contusions, hypothermia, fractured ribs, dissection of the carotid artery, heart arrhythmia, broken optical shelves, blood clots in her eyes, arms, and legs, as well as extreme hematomas all over her body.
     
"The plaintiff fell in the water without a life jacket or a life preserver. After a few minutes, the cruise ship speed away, until it disappeared in the horizon, leaving the plaintiff alone in the middle of the ocean."
     
Kirby says she swam to exhaustion, then floated face-up, swallowing and coughing up water from the waves that "would crash into her face." She "believed that her death was imminent," from drowning or sharks.


In an interview with ABC's 20/20, Ms. Kirby's attorney explained that the cruise line was at fault for "over-serving" her alcohol.

Ms. Kirby is also suing the cruise line because it opted to divert the cruise ship to Key West in order to get her medical attention, rather than having her airlifted to Miami.

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She claims Carnival refused to airlift her to a hospital, but diverted the cruise to Key West, where "doctors explained that they did not have the equipment to handle the severe trauma that plaintiff had suffered. They also stated that the plaintiff should have been air evacuated from the cruise ship directly to Jackson Memorial Hospital in Miami."




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« Last Edit: January 19, 2014, 12:17:28 PM by Luis Gonzalez »
“[Euthanasia] is what any State medical service has sooner or later got to face. If you are going to be kept alive in institutions run by and paid for by the State, you must accept the State’s right to economize when necessary …” The Ministry of Fear by Graham Green (New York: Penguin Books [1943] 2005, p. 165).

Offline EC

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Re: Woman Sues Cruise Line After Falling Off Cruise Ship
« Reply #1 on: January 19, 2014, 12:07:50 PM »
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In an interview with ABC's 20/20, Ms. Kirby's attorney explained that the cruise line was at fault for "over-serving" her alcohol.

They IV'd it? Held her down and vodkaboarded her?

She got shitfaced, fell and is damned lucky to be alive. Stupidity is normally a self correcting problem.
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Offline Luis Gonzalez

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Re: Woman Sues Cruise Line After Falling Off Cruise Ship
« Reply #2 on: January 19, 2014, 12:16:32 PM »
They IV'd it? Held her down and vodkaboarded her?

She got shitfaced, fell and is damned lucky to be alive. Stupidity is normally a self correcting problem.

It's hysterical.

There are laws against serving alcohol to obviously intoxicated people, but those laws are generally designed to stop people from driving while highly intoxicated.

I don't know that it applies here.

If I were every single other passenger in that cruise ship, I'd sue Ms. Kirby for ruining my cruise.
“[Euthanasia] is what any State medical service has sooner or later got to face. If you are going to be kept alive in institutions run by and paid for by the State, you must accept the State’s right to economize when necessary …” The Ministry of Fear by Graham Green (New York: Penguin Books [1943] 2005, p. 165).

Offline truth_seeker

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Re: Woman Sues Cruise Line After Falling Off Cruise Ship
« Reply #3 on: January 19, 2014, 12:53:56 PM »
She is a modern citizen. She is resentful and she is in the hands of a greedy lawyer. They intend to drive up insurance rates, on everything we do.

In old times, she would be forever grateful that the ship stopped, helped her to live.
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Offline Luis Gonzalez

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Re: Woman Sues Cruise Line After Falling Off Cruise Ship
« Reply #4 on: January 19, 2014, 01:19:17 PM »
In old times, she would be forever grateful that the ship stopped, helped her to live.

And way too embarrassed to be on TV discussing how we got so drunk that we fell off the ship to begin with.
“[Euthanasia] is what any State medical service has sooner or later got to face. If you are going to be kept alive in institutions run by and paid for by the State, you must accept the State’s right to economize when necessary …” The Ministry of Fear by Graham Green (New York: Penguin Books [1943] 2005, p. 165).

Offline EC

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Re: Woman Sues Cruise Line After Falling Off Cruise Ship
« Reply #5 on: January 19, 2014, 01:25:53 PM »
And way too embarrassed to be on TV discussing how we got so drunk that we fell off the ship to begin with.

I just re-read her list of injuries. She managed to stay afloat 90 minutes with those? God truly does watch over drunks and fools.
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