Anthem Passenger Files Lawsuit

[Virtopia]

The liar was thrown 18ft. That would be the cabin door into the ocean by my calculation. Out of almost 5600 souls he is the only one who flew further then the Wright Bros. first flight at Kitty Hawk N.C.[emoji574]️[emoji924]

 

Post of the night! LOL

[foxgoodrich]

I think it's interesting that Jim Walker, quoted by CNN after the cruise disembarked, said he was contacted by several passengers and he said he would not take on lawsuits since there was no proof of injury. Wonder what kind of proof this guy has? Or maybe he just found an ambulance chaser who's less picky.

Judy

[BecciBoo]

Excellent find Carol....THX

 

Just remember, anyone has the right to bring suit for any reason....that does not mean he will receive a penny, even if he gets a judgement in his favor. There are thousands (maybe millions!) of judgements on the books that have never been paid. Just sayin.....

Edited February 25, 2016 by BecciBoo

[gaylemh]

Just curious. I always thought in cases like this, that the lawyer gets paid out of the settlement. If it's proven that this guy has been lying to the lawyer about what happened, would he have to pay the lawyer fees out of his own pocket.

[Janet524]

Wow a lawsuit. What a surprise.

[Oak Hill Cruisers]

Motion in the ocean.

[foxgoodrich]

Just curious. I always thought in cases like this, that the lawyer gets paid out of the settlement. If it's proven that this guy has been lying to the lawyer about what happened, would he have to pay the lawyer fees out of his own pocket.

 

Depends on the lawyer. Some of them advertise that there are no fees if they don't win the case, and they take a healthy percentage of the win if they do. Those guys are the true ambulance chasers - they lose a lot of them and they're always on the hunt for a case against a deep pocket. They must be betting that the winners will be big enough to pay for all the time they spend on losers.

 

Personally, I think this one is most likely a loser. BUT it's about an incident that got a lot of press, so that makes it a headline getter. Win or lose, the lawyer gets his 15 minutes too as the case has made the news and now his name is out there nationally. The client seems to have exaggerated a little bit IMO (smile), and I'm curious about his documented injuries. Compensatory damages would reimburse him for medical treatment. Punitive damages will be what the lawyer is after.

Judy

Edited February 25, 2016 by foxgoodrich

[Oak Hill Cruisers]

Lifeboat chaser.

[foxgoodrich]

Lifeboat chaser.

 

That's a good one...I stand corrected!:D

Judy

[NIATPAC29]

Just fire the irresponsible,reckless,clueless *captain* .then be sure he will be stripped of all credentials so he can never captain another vessel with human life aboard. That will satisfy many. Lawsuits for $$ will not keep this maverick from putting others lives at extreme peril in the future. This guy has got to go !!

Edited February 25, 2016 by NIATPAC29

[squiffynimrod]

Just fire the irresponsible,reckless,clueless *captain* .then be sure he will be stripped of all credentials so he can never captain another vessel with human life aboard. That will satisfy many. Lawsuits for $$ will not keep this maverick from putting others lives at extreme peril in the future. This guy has got to go !!

 

2 pages and 3h27m.

Not a record but not a bad time.

[chengkp75]

Read this as an antidote to that nausea-inducing article:

 

 

Mid-lakes Navigation captain recounts Royal Caribbean's Anthem of the Seas stormy cruise

 

Now things make a lot more sense. Previous threads had passengers posting that the Captain was head into the wind, and then turned the ship around, which didn't make much sense to me, given the comparative hull shapes between bow and stern. Some ships this makes sense, most it doesn't. Turning from downwind to upwind to heave to makes the whole thing sensible, and also explains why the turn took so long. Those who've read my posts on the "drama" Anthem threads about the skill of the helmsman in turning, will understand that to turn into the wind is even harder than turning away, and the wind keeps wanting to push the bow back, no matter which way you try to turn. Even more kudos to the Captain and crew of the Anthem.

[garnetpalmetto]

Just curious. I always thought in cases like this, that the lawyer gets paid out of the settlement. If it's proven that this guy has been lying to the lawyer about what happened, would he have to pay the lawyer fees out of his own pocket.

 

It depends on what fee arrangement the client has made with the attorney. In most (but not all) personal injury/tort cases, plaintiff's counsel are paid on a contingency basis (ie if we win, you pay us. If not, we're both up the creek together on it). There's two types of moneys you can owe an attorney at/during the conclusion of the case - costs and fees. Costs are the discrete costs associated with your case, such as the cost of obtaining your medical records, filing fees, postage, copy costs, etc. Then there's fees. For most plaintiff's attorneys that'll be somewhere between 25% and 33% of whatever your award in court is.

 

So let's say the client is lying. If you're dealing with a semi-scrupulous plaintiff's attorney and they figure out their client is lying or even that their case isn't winnable, they'll cut bait. At that point the only thing the client will owe is whatever costs have been accrued in the litigation thus far. In some cases a plaintiff's attorney might waive those just for the sake of getting the client out of their hair. If it goes as far as trial and the decision doesn't go the plaintiff's way, he's still on the hook to his attorney for whatever costs have been borne out but they wouldn't pay any attorneys fees. This definitely encourages plaintiff's attorneys, at least ones who wish to be successful, to choose their cases carefully lest you spend a pretty penny litigating the case and wind up having nothing to show for it. I've been a paralegal on both sides of cases and have had an attorney drop a client because there was a strong chance that something hinky was going on with them. Better to have terminated the relationship then and move on than to have sunk time, effort, and manpower into a case where you'd wind up with nothing.

 

Just fire the irresponsible,reckless,clueless *captain* .then be sure he will be stripped of all credentials so he can never captain another vessel with human life aboard. That will satisfy many. Lawsuits for $$ will not keep this maverick from putting others lives at extreme peril in the future. This guy has got to go !!

 

Did Capt. Andersen kick your dog or something? You've become almost pathological. Why not just let it go? Avoid an ulcer.

[MattInFLL]

I'm pretty sure under their contract Florida law controls. And Florida law requires some actual injury. Even for emotional distress. The guy and his lawyer have a long road ahead of them and Royal fights lawsuits quite vigorously.

[gaylemh]

Depends on the lawyer. Some of them advertise that there are no fees if they don't win the case, and they take a healthy percentage of the win if they do. Those guys are the true ambulance chasers - they lose a lot of them and they're always on the hunt for a case against a deep pocket. They must be betting that the winners will be big enough to pay for all the time they spend on losers.

 

Personally, I think this one is most likely a loser. BUT it's about an incident that got a lot of press, so that makes it a headline getter. Win or lose, the lawyer gets his 15 minutes too as the case has made the news and now his name is out there nationally. The client seems to have exaggerated a little bit IMO (smile), and I'm curious about his documented injuries. Compensatory damages would reimburse him for medical treatment. Punitive damages will be what the lawyer is after.

Judy

 

But what if those losers outright lied to them. I would think they would be responsible for legal fees.

[LMaxwell]

Did he spill hot McDonald's coffee on himself too while he was being thrown? Haha.

You might want to do some quick research about that case before making clichéd jokes.

[JimAOk1945]

There is a YouTube video interview with the captain that was uploaded by one of the passengers. Below are the comments made by the passenger and a link to the video.

 

"This video was broadcast to all the staterooms on the RCTV internal channel the day after the storm. I recorded it with my iPhone and published it here for those not on the ship to see."

 

[LMaxwell]

Yes, that would be HORRIBLE *IF* what his ATTORNEY said is true. :eek::D

I'm more interested in what a doctor has to say. This forum is way too fast to label any and all individuals as liars and dismiss any blame from the cruise line. All the subforums. NCL forum is particularly nasty.

 

I'm just saying that if this was you, a relative, or a friend, you would want them to have the ability to seek legal remedy.

 

So I find this interesting and will wait to see if we ever hear more about the case. I'm just not going to be so fast to write the plaintiff off.

[LMaxwell]

Now things make a lot more sense. Previous threads had passengers posting that the Captain was head into the wind, and then turned the ship around, which didn't make much sense to me, given the comparative hull shapes between bow and stern. Some ships this makes sense, most it doesn't. Turning from downwind to upwind to heave to makes the whole thing sensible, and also explains why the turn took so long. Those who've read my posts on the "drama" Anthem threads about the skill of the helmsman in turning, will understand that to turn into the wind is even harder than turning away, and the wind keeps wanting to push the bow back, no matter which way you try to turn. Even more kudos to the Captain and crew of the Anthem.

Hey Chief, quick Q for you. Are the bow thrusters of ANY use in open water or do they need some sort of resistive measure to push off of like a pier? Would they have been used to aid in steering since all ship steering is technically done from the aft (hence things like bows getting buffeted around). Anyone that has operated a boat will understand what I am asking. I think. Probably [emoji106]

[Merion_Mom]

I think it's interesting that Jim Walker, quoted by CNN after the cruise disembarked, said he was contacted by several passengers and he said he would not take on lawsuits since there was no proof of injury. Wonder what kind of proof this guy has? Or maybe he just found an ambulance chaser who's less picky.

Judy

 

Yes, my belief is that if THAT scumbag won't touch a case, it is even worse than it sounds! :eek:

[Merion_Mom]

Now things make a lot more sense. Previous threads had passengers posting that the Captain was head into the wind, and then turned the ship around, which didn't make much sense to me, given the comparative hull shapes between bow and stern. Some ships this makes sense, most it doesn't. Turning from downwind to upwind to heave to makes the whole thing sensible, and also explains why the turn took so long. Those who've read my posts on the "drama" Anthem threads about the skill of the helmsman in turning, will understand that to turn into the wind is even harder than turning away, and the wind keeps wanting to push the bow back, no matter which way you try to turn. Even more kudos to the Captain and crew of the Anthem.

 

I have no idea what you just wrote, but I like the way you wrote it! ;)

[foxgoodrich]

But what if those losers outright lied to them. I would think they would be responsible for legal fees.

 

The client would be responsible for costs (like filing fees) but no fee for legal services from the lawyer. That's how a contingency contract works. The lawyer gets paid a percentage of the settlement if you win. It's pretty much up to the attorney to figure out whether the client is believable or not before he takes the case to court.

 

In terms of whether this guy is credible or not, there are some things in the article that make me a little skeptical. Like being thrown 18 feet inside a ship cabin seems a little extreme, given the degree of list that was documented. He allegedly suffered injuries to his face, torso, and hands. Evidently he did receive some medical treatment aboard, although he was upset that he had to wait for it. Surely Royal didn't charge him for treatment of his injuries aboard.

 

My question would be why he didn't just work out his medical issues and reimbursement for additional treatment after the cruise with the cruise line? If he has legitimate medical costs, he may have compensable damages, assuming he can prove the injury was caused by the ship movement. The damages are easy to prove - you have receipts. So, is a lawsuit really necessary to recover his medical treatment costs caused by this injury? Just wondering...

 

And, yes, Carol! You got it - if Jim Walker wouldn't take the case, well...what would be the reason for that? That's another reason I'm a bit skeptical.;)

Judy

Edited February 25, 2016 by foxgoodrich

[MattInFLL]

I think they were talking about the Plaintiff being responsible for Royal's legal fees. Which in some circumstances or depending on the wording of the contract, could happen if the lawsuit was frivolous, or they lost.

[crbonfiber]

http://www.cnn.com/2016/02/24/us/royal-caribbean-anthem-of-the-seas-lawsuit/index.html

 

Next Time the dumb ass should stay in a hotel....so stupid i hate this type of thing. This is why the country is is such bad shape morons like him. I hope the judge throws him and his POS ambulance chaser lawyer out of the courtroom!

[ehfl]

If it was really that rough, I would sit tight and hold on to something solid so that I didn't get tossed around 18 feet. Is it just me? Or is that common sense?