Woman Sued Carnival Claiming Cruise Ship Was Too Fast
An Indiana woman will not have her day in court, at least in her home state, on claims that as a cruise passenger she became ill because a Carnival Cruise Lines ship was going too fast.
Carnival Cruise Lines
Doris Beard sued Carnival claiming "due to the speed of the ship I became very sick, my body swayed terrible on the ship I had bleeding, which I had not has [sic] in three years. The ship was moving so fast everyone on board became sick, even the workers," according to a court document.
Carnival called for the case to be dismissed, arguing the venue for the suit should be changed to Florida, where the cruise line is based.
The cruise line's motion was denied by a small claims court in Lake County, Indiana. But the Indiana Court of Appeals said this week the small claims court "erred," and has reversed the decision.
Which Carnival ship Beard cruised on and where she took her cruise was not listed in the court document.
The woman first filed her claim in August 2009. The amount she is seeking was not specified.
Carnival argued the terms and conditions of the cruise contract require the case to be heard in Florida. The cruise line also argued Beard's claim was not filed within the one-year statute of limitations in the cruise contract.
A spokesman for Carnival did not respond to a request for further comment.