Jane Doe v. Celebrity Cruises, Inc.
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
HULL, Circuit Judge:
This appeal presents the question of what standard of care governs when a cruise line’s crew member sexually batters a passenger. In a pre-trial ruling, the district court determined that a cruise line, as a common carrier, owes a duty of protection and safe transport to its passengers, and thus is strictly liable for crew member assaults on passengers. The jury trial focused on whether the plaintiff consented or was sexually battered by the crew member.
After the verdict and entry of judgment for the plaintiff, the district court sua sponte raised an entirely new issue…
2Cases cited65 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co.Supreme Court of the United States · 1995
- Kossick v. United Fruit Co.Supreme Court of the United States · 1961
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3Cited by102 opinions
- Oldfield v. Pueblo De Bahia Lora, S.A.Court of Appeals for the Eleventh Circuit · 2009
- Howard v. Walgreen Co.Court of Appeals for the Eleventh Circuit · 2010
- Dontray Chaney v. City of Orlando, FLCourt of Appeals for the Eleventh Circuit · 2007
- Optimum Technologies, Inc. v. Henkel Consumer Adhesives, Inc.Court of Appeals for the Eleventh Circuit · 2007
- Smolnikar v. Royal Caribbean Cruises Ltd.District Court, S.D. Florida · 2011
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