Legal Opinion

Florence L. Barbetta, and James D. Barbetta v. S/s Bermuda Star, in Rem, Her Engines, Tackle, and MacHinery Etc.

Court of Appeals for the Fifth Circuit

Decided August 18, 1988No. 87-3478PublishedCited by 53 opinions

1Opinion of the Court

KING, Circuit Judge:

Plaintiffs, a married couple who booked a cruise to Mexico in 1986, sued the ship on which they sailed because the ship’s doctor, when treating the wife during the cruise, failed to discover that the wife had diabetes. Defendant moved for summary judgment and, after a hearing and time for discovery, the district court granted defendant’s motion. According to the district court, to the extent plaintiffs were attempting to impose respondeat superior liability upon defendant, their claim had to fail; as a matter of law, the negligence of the ship’s doctor could not be imputed…

2Cases cited18 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Odie Joe Reid v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1986
  3. Albert Kornberg and Laura Kornberg v. Carnival Cruise Lines, Inc.Court of Appeals for the Eleventh Circuit · 1984
  4. De Zon v. American President Lines, Ltd.Supreme Court of the United States · 1943
  5. Brooks, Tarlton, Gilbert, Douglas & Kressler, Etc., Cross-Appellants v. United States Fire Insurance Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1987

13 more not listed; retrieve them via the Exa API.

3Cited by53 opinions

  1. Smolnikar v. Royal Caribbean Cruises Ltd.District Court, S.D. Florida · 2011
  2. Patricia Franza v. Royal Caribbean Cruises, Ltd.Court of Appeals for the Eleventh Circuit · 2014
  3. Louisiana ex rel. Guste v. VerityCourt of Appeals for the Fifth Circuit · 1988
  4. Janet Greenwell v. Aztar Indiana Gaming Corporation, Doing Business as Aztar Casino, Third-Party v. Matthew B. Kern and Gregory J. Loomis, Third-PartyCourt of Appeals for the Third Circuit · 2001
  5. Aronson v. Celebrity Cruises, Inc.District Court, S.D. Florida · 2014

48 more not listed; retrieve them via the Exa API.

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