Michael Austin, Wyonnie Austin, Kenneth Nickens and Lucille Nickens v. Princess Cruise Lines Ltd.
Published: Aug. 28, 2020 | Result Date: Jul. 14, 2020 | Filing Date: Mar. 17, 2020 |Case number: 2:20-cv-02531-RGK-SK Bench Decision – Dismissal
Judge
Court
CD CA
Attorneys
Plaintiff
Debi F. Chalik
(Chalik & Chalik PA)
Michael A. Simmrin
(Simmrin Law Group)
Defendant
Jeffrey B. Maltzman
(Maltzman & Partners PA)
Gabrielle DeSantis-Nield
(Maltzman & Partners PA)
Edgar R. Nield
(Maltzman & Partners PA)
Rafaela P. Castells
(Maltzman & Partners PA)
Facts
Plaintiffs Michael Austin, Wyonnie Austin, Kenneth Nickens and Lucille Nickens filed a lawsuit against Princess Cruise Lines, Ltd. alleging negligence for defendant's failure to have proper screening protocols for COVID-19 when plaintiffs were aboard the Grand Princess on February 21, 2020.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that defendant was negligent because it failed to have proper procedures in place aboard the Grand Princess Cruise ship in order to minimize the risk of its passengers' exposure to the virus. Plaintiffs contended that defendant did not inform plaintiffs prior to boarding the cruise ship that there was actual risk of contracting COVID-19 on board. Further, plaintiffs contended that had they known of such risk they would not have boarded the ship. Plaintiffs contended that they suffered severe emotional distress due to defendant's negligence.
DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions. Defendant contended that plaintiff failed to allege sufficient facts to prove that they were at risk of contracting COVID-19.
Result
The court granted defendant's motion to dismiss plaintiff's complaint.
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