Cruise ship employee caught in feeder screw of incinerator: Lack of emergency shut-off: Traumatic amputation of right leg: Settlement

Law Reporter, Aug 2001

Recent Cases

ADMIRALTY

Cruise ship employee caught in feeder screw of incinerator: Lack of emergency shut-off: Traumatic amputation of right leg. Settlement

Omus v. Royal Caribbean Cruises, Ltd., Fla., Miami-Dade County 11 th Jud. Cir. Ct., No. 00-7612 CA 21, Nov. 27, 2000.

Omus, 27, was working alone in the incinerator room on a cruise ship. His pant leg became caught on a large screw that fed trash into the incinerator. He suffered a traumatic amputation of his right leg. He had been an incinerator room employee earning $4,000 annually and incurred approximately $3,500 in lost income.

Omus sued the cruise line, alleging it was negligent for not having an emergency shut-off in the incinerator room.

Defendant argued that the Philippines Overseas Employment Agency (POEA) contract provided that the forum selection clause and forum non conveniens required plaintiff, a Filipino, to litigate his case in the Philippines. Plaintiff countered that (1) the selection clause was optional, (2) the POEA contract was not explained to plaintiff, and (3) forum non conveniens was inapplicable because defendant was headquartered in Florida and plaintiff had been treated there.

Before trial, the parties settled for $3.5 million.

Plaintiffs Counsel

*William Huggett, Miami, Fla.

Documents in this case are available through the Litigation Resources section in the back of this issue, courtesy of Mr. Huggett.

An asterisk (*) appearing beside the name of plaintiffs counsel indicates that the attorney is an ATLA member. To obtain additional information about a case report, contact counsel through your ATLA membership directory.