Facts

Ronald Weissberger and Eva Weissberger went on a Princess Cruise Lines Ltd. cruise. While on the cruise, they learned another passenger had contracted COVID-19. As a result, the Weissbergers sued Princes Cruise Lines for negligently exposing them to COVID-19.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant exposed them to a passenger on the cruise ship that had tested positive for COVID-19. Plaintiffs were therefore placed in immediate risk of contracting COVID-19.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff failed to state a valid claim because plaintiffs did not test positive for COVID-19. Plaintiffs did not even exhibit signs of the disease. As a result, plaintiffs' claims failed the required zone of danger test and failed to show they were placed in immediate danger by defendants, leaving their claims meritless. Accordingly, defendant contended that plaintiffs' claims should be dismissed.

Result

The court held that plaintiffs failed to prove they were placed in immediate harm and that to allow the case to proceed on the instant facts would open the door for an influx of similarly trivial suits. The case was therefore dismissed with prejudice.

Other Information

This was a consolidated ruling dismissing a number of identical cases.