Dome v. Celebrity Cruises Inc.
| Decision Date | 30 March 2022 |
| Docket Number | CASE NO.: 1:21-cv-20545-GAYLES/TORRES |
| Citation | 595 F.Supp.3d 1212 |
| Parties | Ivonne DOME, Individually and as Personal Representative for the Estate of Robert Dome, deceased, Alec Dome, and Austin Dome, Plaintiff, v. CELEBRITY CRUISES INC., Defendant. |
| Court | U.S. District Court — Southern District of Florida |
Jacqueline Garcell, Jason Robert Margulies, Luis Alexander Perez, Michael A. Winkleman, Lipcon, Margulies, Alsina, Winkleman, P.A., Miami, FL, for Plaintiff.
Evan S. Gutwein, Hamilton Miller & Birthisel, Miami, FL, for Defendant.
THIS CAUSE comes before the Court on Defendant Celebrity Cruises Inc.’s ("Defendant" or "Celebrity") Motion to Dismiss Plaintiffs’ Complaint (the "Motion") [ECF No. 7]. The Court has considered the Motion and the record and is otherwise fully advised. For the reasons that follow, the Motion is granted in part and denied in part.
Plaintiffs, Ivonne Dome ("Ivonne"), individually and as personal representative of the Estate of Robert Dome ("Decedent"), and their children, Alec Dome ("Alec") and Austin Dome ("Austin") (collectively, "Plaintiffs"), bring this wrongful death action against Defendant caused by a SARS-CoV-2 ("COVID-19") outbreak on board the Celebrity Eclipse (the "Eclipse ") in March 2020. Ivonne and Decedent were passengers on the Eclipse between March 1 and March 30, 2020, during which they contracted COVID-19. Alec and Austin—who were not passengers on the Eclipse —contracted COVID-19 from their parents after coming into contact with them on March 30, 2020.
The COVID-19 pandemic, which has persisted since December 2019, has had notable effects on the cruise ship industry. For example, two cruise ships owned by Carnival Corporation experienced numerous COVID-19 outbreaks while off the coast of Japan and California in February 2020. On February 13, 2020, the Centers for Disease Control and Prevention ("CDC") published an Interim Guidance for Ships on Managing Suspected Coronavirus Disease 2019 , which provided ship operators with guidance on how to help prevent, detect, and medically manage suspected COVID-19 infections on ships. Recommendations included "[i]dentifying and isolating passengers and crew with possible symptoms of COVID-19," "[d]enying boarding of a passenger or crew member who is suspected to have COVID-19," and quarantining "[p]assengers and crew members who have had high-risk exposures to a person suspected of having COVID-19 ...." [ECF No. 1 at 10–11 ¶ 29] (citation omitted). On March 7, 2020, United States officials met with top cruise industry executives to address the impact of COVID-19 on the cruise industry. On March 8, 2020, the United States Department of State, in conjunction with the CDC, recommended "that U.S. citizens should not travel by cruise ship given the CDC's findings which support the increased risk of infection of COVID-19 in a cruise ship environment." Id. at 13 ¶ 34 (citation and internal quotation marks omitted). On March 14, 2020, the CDC issued its first No Sail Order, which applied to cruise ship operators.
On February 5, 2020, prior to the Eclipse setting sail, Defendant emailed prospective Eclipse passengers—including Ivonne and Decedent—indicating that in light of the "global developments related to the coronavirus," "any guest, or crewmember, who [had] traveled to, from, or through China, Hong Kong or Macau within 15 days of departure [would] be unable to board" the Eclipse. Id. at 5. The email further indicated that increased health screening requirements would be implemented and outlined Defendant's "numerous proactive steps to maintain high health standards onboard [its] ships ...." Id. at 6.
On March 1, 2020, the Eclipse set sail from Argentina for a fourteen-night journey through Argentina and Chile, with approximately 2,500 passengers—including Ivonne and Decedent—and 750 crew members. On March 2, 2020, a passenger aboard the Eclipse began exhibiting flu-like symptoms consistent with COVID-19.2 On March 9, 2020, numerous passengers aboard the Eclipse began exhibiting respiratory symptoms consistent with COVID-19 and sought medical care on the ship. On March 15, 2020, the Port of San Antonio, Chile—where the Eclipse was supposed to disembark passengers—denied the Eclipse entry to the port due to concerns of passengers and crew members who may have had COVID-19. Defendant continued to allow passengers to enjoy the voyage as normal without implementing quarantining and/or physical distancing measures.
On March 17, 2020, the Captain of the Eclipse issued a letter to the passengers stating that the ship had been denied entry and, therefore, would set sail for San Diego, California in order to disembark. Noting the "uncertainty during the escalation of this unprecedented situation," the letter stated that "a full schedule of entertainment, activities[,] ... dining options," and complimentary beverage service would be provided during the remainder of the journey. Id. at 17–18 ¶ 36(v). The letter further stated that "[a]ll guests onboard remain[ed] healthy and happy ...." Id. Following the letter, Ivonne and Decedent continued participating in activities on the Eclipse because they were led to believe—based on the representation that passengers remained healthy—that they were safer on the vessel than on land. On March 26, 2020, a passenger aboard the Eclipse presented to the ship's infirmary and complained of COVID-19-like symptoms.
On March 28, 2020, the Captain of the Eclipse issued a second letter to passengers, which announced the vessel's arrival to San Diego on March 30, 2020, and detailed debarkation procedures for passengers. The letter directed passengers to maintain social distancing standards of six feet apart during debarkation and at the airport. The letter further stated that throughout the duration of the journey "a full schedule of entertainment, activities[,] and dining options," would continue, including complimentary in-stateroom movies and beverage service. Id. at 20–21 ¶ 36(y). The letter reiterated that "[a]ll guests onboard remain[ed] healthy and happy." Id. Again relying on the statements in the letter, Ivonne and Decedent continued to believe that they were safe on the Eclipse and that there were no COVID-19 cases onboard; as a result, both continued to participate in activities.
On March 29, 2020, Decedent began to experience unusual fatigue, a symptom associated with COVID-19, while aboard the Eclipse. On March 30, 2020, the Eclipse docked in San Diego, California, and passengers were permitted to disembark. Ivonne and Decedent returned to their home in New Jersey that day, though both felt that they were experiencing fatigue and flu-like symptoms consistent with COVID-19. Unaware of their parents’ symptoms, Alec and Austin picked their parents up from the airport and drove them home. On April 2, 2020, Decedent tested positive for COVID-19. On April 5, 2020, Alec and Austin began experiencing fatigue and flu-like symptoms consistent with COVID-19. On April 12, 2020, Decedent passed away at a hospital in New Jersey.
On February 9, 2021, Plaintiffs filed this twenty-one-count wrongful death action against Defendant. [ECF No. 1]. In the Complaint, Ivonne, individually and on behalf of the Estate of Decedent, raises the following claims against Defendant: (1) three counts of negligent failure to warn (Counts I, III, and IV); (2) two counts of negligent misrepresentation (Counts II and XV); (3) four counts of negligent management of an infectious disease outbreak aboard a vessel (Counts V, VI, VII, and VIII); (4) three counts of negligent boarding (Counts IX, X, and XI); (5) three counts of general negligence (Counts XII, XIII, and XIV); and (6) four counts of intentional infliction of emotional distress ("IIED") (Counts XVI, XVII, XVIII, and XIX). Id. Alec and Austin also bring two claims against Defendant: (1) negligent failure to warn (Count XX); and (2) negligent management of an infectious disease outbreak aboard a vessel (Count XXI). Id. On June 1, 2021, Defendant filed the instant Motion to Dismiss. [ECF No. 7].
To survive a motion to dismiss brought pursuant to Federal Rule of Civil Procedure 12(b)(6), a claim "must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face,’ " meaning that it must contain "factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). While a court must accept well-pleaded factual allegations as true, "conclusory allegations ... are not entitled to an assumption of truth—legal conclusions must be supported by factual allegations." Randall v. Scott , 610 F.3d 701, 709–10 (11th Cir. 2010). "[T]he pleadings are construed broadly," Levine v. World Fin. Network Nat'l Bank , 437 F.3d 1118, 1120 (11th Cir. 2006), and the allegations in the complaint are viewed in the light most favorable to the plaintiff. Bishop v. Ross Earle & Bonan, P.A. , 817 F.3d 1268, 1270 (11th Cir. 2016). At bottom, the question is not whether the claimant "will ultimately prevail ... but whether his complaint [is] sufficient to cross the federal court's threshold." Skinner v. Switzer , 562 U.S. 521, 530, 131 S.Ct. 1289, 179 L.Ed.2d 233 (2011) (internal quotation and citation omitted).
Defendant's Motion seeks to dismiss various portions of the Complaint. First, Defendant argues that the Death on the High Seas Act ("DOHSA") applies to Plaintiffs’ claims and therefore their demand for pecuniary damages must be stricken. Second, Defendant argues that Plaintiffs’ negligent misrepresentation claims lack...
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