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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 

FRED KANTROW and MARLENE KANTROW,

on their own behalves and on behalf of all other

similarly situated passengers who sailed aboard 

the CELEBRITY ECLIPSE between March 1

and March 30, 2020,

Plaintiffs,

v. CLASS ACTION

CELEBRITY CRUISES INC.,

Defendant.

_________________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL 

Plaintiffs, FRED KANTROW and MARLENE KANTROW, on their own behalves and 

on behalf of all other similarly situated passengers who sailed aboard the CELEBRITY ECLIPSE 

between March 1 and March 30, 2020 (hereinafter collectively referred to as “Plaintiffs”), hereby 

sue Defendant, CELEBRITY CRUISES INC. (hereinafter “CELEBRITY”), and for good cause 

allege:

JURISDICTION AND PARTIES

1. Plaintiffs, FRED KANTROW and MARLENE KANTROW, are residents of the State of 

New York.

2. Defendant, CELEBRITY CRUISES INC., is a foreign entity which conducts its business 

from its principal place of business in Miami, Florida. 

3. The matter in controversy exceeds the required jurisdictional amount, exclusive of interest 

and costs, and is a class action brought under this Honorable Court’s jurisdiction pursuant to 28 

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U.S.C. § 1332(d)(2). In the event that class status is not certified, then this matter is brought under 

the admiralty and maritime jurisdiction of this Honorable Court. 

4. Defendant, CELEBRITY, at all times material, personally or through an agent:

a. Operated, conducted, engaged in or carried out a business venture in this state 

and/or county and/or had an office or agency in this state and/or county; 

b. Was engaged in substantial business activity within this state;

c. Operated vessels in the waters of this state; 

d. Committed one or more of the acts stated in Florida Statutes, Sections 48.081, 

48.181 or 48.193; 

e. The acts of Defendant set out in this Complaint occurred in whole or in part in this 

county and/or state; and/or 

f. Issued a cruise line ticket to the Plaintiffs that requires that suit be brought in this 

Court against the named Defendant in this action.

5. Defendant is subject to the jurisdiction of the Courts of this state.

6. The causes of action asserted in this Complaint arise under U.S. General Maritime Law. 

7. At all times material hereto, Defendant exclusively owned, operated, managed, maintained 

and/or controlled the subject cruise vessel, the Celebrity Eclipse (hereinafter referred to as the 

“vessel”). 

8. At all times material hereto, Defendant operated the vessel in navigable waters. 

9. The voyage upon which this Complaint is based occurred between March 1 and March 30, 

2020 (hereinafter referred to as the “subject voyage”). 

10. Plaintiffs, the Class Representatives and Class Members herein, were passengers aboard 

Defendant’s vessel between March 1 and March 30, 2020 and who contracted SARS-CoV-2 

(hereinafter “COVID-19”) and/or were placed at a heightened risk of exposure to COVID-19 while 

aboard Defendant’s vessel and/or as a result of Defendant’s careless conduct alleged herein.

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GENERAL ALLEGATIONS COMMON TO ALL COUNTS

11. This Class Action lawsuit deals with Defendant, CELEBRITY’s careless and continuous 

failure to reasonably protect its passengers aboard the vessel during the subject voyage from 

COVID-19, despite CELEBRITY knowing, before and during the subject voyage, of: i) the 

dangerous conditions and/or explosive contagiousness presented by a COVID-19 outbreak aboard 

the vessel1and ii) that a person(s) aboard the vessel displayed flu-like symptoms consistent with a 

positive COVID-19 diagnosis on or about March 2, 2020 and/or during the course of the voyage. 

12. The dangerous conditions associated with COVID-19 include its manifestations – severe 

pneumonia, acute respiratory distress syndrome (ARDS), septic shock and/or multi-organ failure2

– and/or its symptoms – fever, dry cough, and/or shortness of breath3– as well as the high fatality 

rate associated with contracting the virus.

4 The dangerous conditions associated with COVID-19

also include its extreme contagiousness. For example, a person with COVID-19 infects, on 

average, another 2.5 people, and COVID-19 is therefore more contagious than Ebola or Influenza.5

1 See Centers for Disease Control and Prevention, Interim Guidance for Ships on Managing Suspected Coronavirus 

Disease 2019, (last updated February 18, 2020) https://www.cdc.gov/quarantine/maritime/recommendations-forships.html; and Centers for Disease Control and Prevention, March 14, 2020 No Sail Order, 

https://www.cdc.gov/quarantine/pdf/signed-manifest-order_031520.pdf (hereinafter collectively referred to as the 

“Memorandums”).

2 See Centers for Disease Control and Prevention, March 14, 2020 No Sail Order,

https://www.cdc.gov/quarantine/pdf/signed-manifest-order_031520.pdf.

3 See Mayo Clinic, Symptoms and Causes, https://www.mayoclinic.org/diseases-conditions/coronavirus/symptomscauses/syc-20479963 (last accessed April 6, 2020); see also Centers for Disease Control and Prevention, Interim 

Guidance for Ships on Managing Suspected Coronavirus Disease 2019, (last updated February 18, 2020) 

https://www.cdc.gov/quarantine/maritime/recommendations-for-ships.html.

4 See Centers for Disease Control and Prevention, March 14, 2020 No Sail Order 

https://www.cdc.gov/quarantine/pdf/signed-manifest-order_031520.pdf (identifying a 3.6% global fatality rate); 

Journal of the American Medical Association, Case-Fatality Rate and Characteristics of Patients Dying in relation to 

COVID-19 in Italy, https://jamanetwork.com/journals/jama/fullarticle/2763667 (identifying a 7.2% and 2.3% fatality 

rate in Italy and China, respectively).

5 Popular Science, COVID-19 Contagiousness, https://www.popsci.com/story/health/how-diseases-spread/

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13. As a result of its careless conduct further detailed below, CELEBRITY negligently exposed 

thousands of passengers aboard the vessel during the subject voyage, including Plaintiffs herein, 

to COVID-19. Such harm includes, but is not limited to, these passengers suffering from lung 

injuries caused by COVID-19 and/or permanently reduced lung capacity, complications and/or 

further injury/ies caused by contracting COVID-19 in conjunction with pre-existing illness and/or 

medical conditions and/or death.6 

14. Based on information known to date, CELEBRITY first recognized the risks of COVID19 aboard its vessels, including the subject vessel, on February 5, 2020, when CELEBRITY sent 

the e-mail excerpted below to all of its prospective passengers, including Plaintiffs herein for the 

subject voyage. 

[The remainder of this page is intentionally left blank;

e-mail excerpted below]

6 See South China Morning Post, Coronavirus, https://www.scmp.com/news/hong-kong/healthenvironment/article/3074988/coronavirus-some-recovered-patients-may-have; Deutsche Welle, COVID-19, 

https://www.dw.com/en/covid-19-recovered-patients-have-partially-reduced-lung-function/a-52859671.

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15. Further, despite Defendant acquiring knowledge on or about March 2, 2020 that a person(s) 

aboard the vessel displayed symptoms consistent with a positive COVID-19 diagnosis, Defendant 

did not thereafter – or at any time during the subject voyage – enact quarantine and/or physical

distancing measures amongst passengers and/or crew members aboard the vessel. 

16. Instead, in an alarming lack of caution, Defendant continued to operate the vessel as 

normal, allowing a “full schedule of entertainment, activities and dining options” aboard the 

vessel. See Capt. Palaiokrassas’ March 17 and 28, 2020 letters to Celebrity Eclipse passengers, 

excerpted herein below. In other words, despite having knowledge that a COVID-19 outbreak was 

occurring aboard the vessel, CELEBRITY continued to allow passengers to eat in buffets settings, 

provide group entertainment activities aboard the vessel (such as dancing) and otherwise allow 

passengers to fully participate in the subject cruise as if there was no COVID-19 or threat thereof 

aboard the vessel. 

17. In addition, CELEBRITY actively attempted to pacify passengers in the midst of the 

COVID-19 outbreak aboard the vessel by offering them complimentary alcoholic beverages and 

otherwise downplaying the severity of the COVID-19 outbreak that was ravaging the vessel, its 

passengers and crew during the subject voyage, such as by lying to passengers that even as late as 

March 28, 2020, “[a]ll guests onboard remain healthy and happy”. See id.

18. For example, on March 21, 2020, CELEBRITY shipboard management personnel held a 

gathering of passengers and crew members aboard the vessel to recognize the heroics of medical 

professionals and first responders in response to the COVID-19 pandemic. As evidenced by the 

pictures of this event provided below and herein, CELEBRITY did not enforce any physical 

distancing measures during the event.

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Picture of March 21, 2020 event aboard the Celebrity Eclipse wherein 

passengers and crew members gathered in close proximity to one another to 

recognize the heroics of medical professionals and first responders during the 

COVID-19 pandemic.

19. In sum, despite knowing that COVID-19 was and/or likely was present aboard the vessel 

during the subject voyage, CELEBRITY glaringly failed to follow even the most basic safety 

precautions after acquiring such notice, such as reasonably warning passengers of the potential 

presence of COVID-19 aboard the vessel, timely quarantining passengers and crew members 

aboard the vessel, timely providing passengers and crew members masks and/or timely requiring 

them to observe physical distancing measures. 

20. CELEBRITY’s egregious failure to protect its passengers from the COVID-19 outbreak 

aboard the vessel has already resulted in at least 45 passengers and crew who tested positive 

COVID-19, and at least two COVID-19 related deaths. There are likely hundreds more positive

COVID-19 cases and/or deaths related to the subject voyage given that there was limited and/or 

non-existent testing performed aboard the vessel and immediately thereafter when passengers 

disembarked the vessel without proper screening before returning to their home states/countries. 

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Background on the worldwide spread of COVID-19

21. Since December 2019, there has been a worldwide outbreak of COVID-19, which is now 

considered a pandemic. The virus originated in China, and quickly spread throughout Asia, 

Europe, and most recently, North America. 

22. There have been over four million confirmed cases and over two hundred thousand deaths 

worldwide as a result of the COVID-19 pandemic.

23. On or about February 13, 2020, the Center for Disease Control (hereinafter the “CDC”)

published the Interim Guidance for Ships on Managing Suspected Coronavirus Disease 2019, 

which provided guidance for ship operators, including cruise ship operators, to help prevent, 

detect, and medically manage suspected COVID-19 infections aboard ships, like the vessel named 

herein. See the Memorandum cited at footnote 1.

24. In view of the fact that Defendant, CELEBRITY, has its principal place of business in 

Miami, Florida, and operates numerous cruise vessels which originate from and/or stop at ports 

within the U.S., as early as February 13, 2020, Defendant, CELEBRITY, knew and/or should have 

been aware of this Memorandum, including, but not limited to, the dangerous conditions and/or 

explosive contagiousness associated with COVID-19 and its likely presence aboard Defendant’s

vessel at the commencement of the subject voyage. 

25. This Memorandum provided cruise vessel operators, like CELEBRITY, with numerous 

helpful considerations to assist in detecting and preventing the spread of COVID-19 amongst its 

crew members, passengers and its vessels at large, some of which include:

• “Early detection, prevention, and control of Coronavirus Disease 2019 (COVID19) on ships is important to protect the health of travelers on ships and to avoid 

transmission of the virus by disembarking passengers and crew members who are 

suspected of having COVID-19”;

• “Identifying and isolating passengers and crew with possible symptoms of 

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COVID-19 as soon as possible is needed to minimize transmission of this virus”;

• “To reduce spread of respiratory infections including COVID-19, CDC 

recommends that ships encourage crew members and passengers to

▪ Postpone travel when sick

▪ Watch their health

▪ Self-isolate and inform the onboard medical center immediately if they 

develop a fever (100.4oF / 38oC or higher), begin to feel feverish, or develop 

other signs or symptoms of sickness

▪ Use respiratory, cough, and hand hygiene

• Advise passengers and crew of the importance of covering coughs 

and sneezes with a tissue. Dispose used tissues immediately in a 

disposable container (e.g., plastic bag) or a washable trash can.

• Remind passengers and crew members to wash their hands often 

with soap and water, especially after coughing or sneezing. If soap 

and water are not available, they can use a hand sanitizer containing 

60%-95% alcohol)”

• “Deny boarding of a passenger or crew member who is suspected to have 

COVID-19 infection based on signs and symptoms plus travel history in China or 

other known exposure at the time of embarkation”;

• “Passengers and crew members who have had high-risk exposures to a person 

suspected of having COVID-19 should be quarantined in their cabins. All 

potentially exposed passengers, cruise ship medical staff, and crew members 

should self-monitor under supervision of ship medical staff or telemedicine 

providers until 14 days after the last possible exposure”;

• “Isolate passengers or crew onboard who are suspected of having COVID-19 

infection in a single-occupancy cabin with the door closed until symptoms are 

improved.”

See Centers for Disease Control and Prevention, Interim Guidance for Ships on Managing 

Suspected Coronavirus Disease 2019, (last updated February 18, 2020) 

https://www.cdc.gov/quarantine/maritime/recommendations-for-ships.html.

26. Moreover, Defendant, CELEBRITY, and the cruise industry at large, received an early, 

dire warning of how easily COVID-19 could spread on massive ocean liners when the first cases 

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emerged aboard the Diamond Princess, a vessel owned by Princess Cruise Lines (“Princess”), 

which is owned by Carnival Corporation, in early February 2020 in Yokohama Harbor, Japan. The 

outbreak began with ten confirmed COVID-19 cases, which rapidly multiplied to seven hundred 

confirmed cases, as a result of Princess’ flawed two-week quarantine of passengers and crew 

members aboard the Diamond Princess. 

27. As a result of the Diamond Princess crisis, and on February 18, 2020, the CDC issued a 

statement providing that: “the rate of new reports of positives new on board [the Diamond 

Princess], especially among those without symptoms, highlights the high burden of infection on 

the ship and potential for ongoing risk.”

7 Seven of the Diamond Princess’ passengers ultimately

died as a result of COVID-19 exposure aboard the vessel.

28. The cruise industry received yet another ominous warning of how quickly and severely

COVID-19 could spread on cruise ships when the Grand Princess, another vessel owned by 

Princess, also owned by Carnival Corporation, had a breakout in late February 2020 off the coast 

of California. Princess had knowledge that at least one of its passengers from a prior voyage who 

disembarked the Grand Princess on February 21, 2020 had symptoms of COVID-19, and yet, it 

made the conscious decision to proceed with the subsequent voyage aboard the Grand Princess 

that began on February 21, 2020 with another three thousand passengers on an infected ship. 

29. Prior to boarding the February 21, 2020 voyage on the Grand Princess, passengers were 

simply asked to fill out a piece of paper confirming they were not sick. Not one passenger was 

questioned, let alone examined, in any capacity. As a result of Princess’ lackadaisical approach to 

the safety of passengers and crew, 103 passengers eventually tested positive for COVID-19 and 

two people have so far died.

7 Centers for Disease Control, Update on the Diamond Princess Cruise Ship in Japan, 

https://www.cdc.gov/media/releases/2020/s0218-update-diamond-princess.html (emphasis added).

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30. Additionally, on or about March 7, 2020, Vice President Mike Pence met with top cruise 

industry executives (including the CEOs of Carnival, Royal Caribbean and Norwegian cruise 

lines), in order to address the impact of COVID-19 on the cruise industry, specifically. The next 

day, March 8, 2020, the U.S. Department of State, in conjunction with the CDC, set forth a 

recommendation that U.S. citizens should not travel by cruise ship given the CDC’s findings 

which support the “increased risk of infection of COVID-19 in a cruise ship environment.”8 

31. Relatedly, on or about March 14, 2020, the CDC issued its first No Sail Order.9 The No 

Sail Order is/was applicable to cruise ship operators, like Defendant herein, and provided science 

updates known to that date pertaining to the explosive contagiousness associated with COVID-19 

and how the virus presented dangerous conditions to passengers and crew members aboard cruise 

ships, like the vessel named herein. For example, the CDC’s first No Sail Order stated the 

following: 

• “Like other close-contact environments, cruise ships facilitate transmission of 

COVID-19.” 

• “There are several features of cruise ships that increase the risk of COVID-19 

transmission.” 

• “A hallmark of cruise travel is the number and variety of person-to-person contacts 

an individual passenger may have daily.”

• “The dynamics of passenger-to-passenger, passenger-to-crew, crew-topassenger, and crew-to-crew intermingling in a semi-closed setting are 

particularly conducive to SARS-CoV-2 spread, resulting in high transmission 

rates.”

• “Cruises include frequent events that bring passengers and crew close 

8 See U.S. Dept. of State, March 8, 2020 No Sail On Cruise Ships Recommendation

https://travel.state.gov/content/travel/en/international-travel/before-you-go/travelers-with-specialconsiderations/cruise-ship-passengers.html?fbclid=IwAR23mRlu4-

382HLuSM8i0KWQBSaZ4heDniggmxR3kBR6e2EgWiKr6B0EseM. 

9 See Centers for Disease Control and Prevention, March 14, 2020 No Sail Order 

https://www.cdc.gov/quarantine/pdf/signed-manifest-order_031520.pdf.

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together, including group and buffet dining, entertainment events, and 

excursions. Cruise ship cabins are small, increasing the risk of transmission 

between cabinmates.”

• “Close quartering is a particular concern for crew, who typically eat and sleep in

small, crowded spaces.”

• “Infection among crew members may lead to transmission on sequential

cruises on the same vessel because crew members may continue working and 

living onboard the ship from one cruise to the next.”

• “Crew from one ship may in turn serve onboard multiple different ships for 

subsequent voyages, which also has the potential to amplify transmission.”

See Centers for Disease Control and Prevention, March 14, 2020 No Sail Order 

https://www.cdc.gov/quarantine/pdf/signed-manifest-order_031520.pdf (emphasis added).

32. Outlined below is a timeline of events relevant to this Class Action lawsuit against 

CELEBRITY. This timeline supports all claims asserted herein on behalf of the entire class. More 

specifically, this timeline supports CELEBRITY having actual knowledge of the dangerous 

conditions and/or explosive contagiousness associated with COVID-19 aboard the subject vessel

at the same time CELEBRITY dangerously and continuously exposed its passengers, the Class 

Member Plaintiffs herein, to the deadly COVID-19 – which has already resulted in the deaths of 

at least two CELEBRITY passengers and has injured approximately 45 other passengers and crew

who contracted COVID-19 aboard the vessel and/or as a result of Defendant’s careless response 

thereto: 

a. December 31, 2019 – The local government in Wuhan, China, confirmed with the 

World Health Organization (hereinafter “WHO”) that local health authorities in 

Wuhan were treating an influx of dozens of patients with what appeared to be novel 

cases of pneumonia with an unknown cause. 

b. January 5-7, 2020 – China announced that the novel pneumonia cases in Wuhan 

were not caused by severe acute respiratory syndrome (hereinafter “SARS”) or

middle-east respiratory syndrome (hereinafter “MERS”) – but COVID-19 – which 

belongs to the highly-contagious family of coronaviruses, including SARS and 

MERS. 

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c. January 11, 2020 – The Wuhan Municipal Health Commission announced the first 

death caused by COVID-19.

d. January 20, 2020 – A situation report published by the WHO confirmed COVID19 cases outside of mainland China in Thailand, Japan and South Korea, which the 

WHO believed to have been exported from Wuhan, China. The situation report also 

identified 282 positive COVID-19 diagnoses worldwide with 278 of those positive 

cases within China. 

e. January 21, 2020 – A man in Washington State, U.S.A., became the first known 

person diagnosed with COVID-19 in the U.S.A.

f. January 23, 2020 – Chinese authorities take the unprecedented measure of closing

off Wuhan – a city of over 11,000,000 people – to stop the spread of COVID-19. 

g. January 30, 2020 – WHO declared COVID-19 a “global health emergency” –

recognizing that COVID-19 posed a risk beyond China. The U.S. Department of 

State issued a Level 4 (highest level) travel advisory as it related to U.S. citizens 

who planned to travel to China. 

h. February 2, 2020 – China reports that the death toll from COVID-19 in mainland 

China (361) exceeded the death toll in mainland China from the SARS outbreak in 

the early 2000s (349). 

i. February 5, 2020 – Chinese officials announced that nearly 500 people in mainland 

China have died as a result of COVID-19. 

j. February 5, 2020 – CELEBRITY sends e-mail (excerpted above) recognizing the 

risks of COVID-19 aboard its vessels to all prospective passengers.

k. February 5, 2020 (Diamond Princess) – Passengers aboard the Diamond Princess

near Yokohama, Japan began a two-week quarantine after nine (9) passengers and 

one (1) crew member tested positive for COVID-19 while aboard the vessel.

l. On or about February 13, 2020 – The CDC published the Interim Guidance for 

Ships on Managing Suspected Coronavirus Disease 2019, which provided guidance 

for ship operators, including cruise ship operators, to help prevent, detect, and 

medically manage suspected COVID-19 infections.10

m. February 21, 2020 (Grand Princess) – The Grand Princess embarked on a voyage 

despite its cruise operator, Princess, having knowledge that at least one of its 

passengers from a prior voyage who disembarked the Grand Princess on February 

10 See Centers for Disease Control and Prevention, Interim Guidance for Ships on Managing Suspected Coronavirus 

Disease 2019, (last updated February 18, 2020) https://www.cdc.gov/quarantine/maritime/recommendations-forships.html.

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21, 2020 had symptoms of COVID-19 while aboard the vessel.

n. February 19-25, 2020 (Diamond Princess) – Following the two-week quarantine 

aboard the Diamond Princess, Japanese officials announced that of the 3,711

passengers aboard the vessel, over 700 tested positive for COVID-19 (18.8%) –

the largest cluster of positive COVID-19 cases outside of mainland China at that 

time. 

o. On or about February 29, 2020 (Majesty of the Seas) – A passenger(s) aboard the 

Majesty of the Seas, a vessel operated by Royal Caribbean Cruises Ltd., 

CELEBRITY’s parent company, developed symptoms consistent with a positive 

COVID-19 diagnosis and upon information and belief presented their symptoms to 

the ship’s medical center; that same passenger(s) later tested positive for COVID19.

11

p. March 1, 2020 (Celebrity Eclipse) – While on land and before allowing passengers 

to board the vessel therefrom, CELEBRITY (and/or its agents) failed to adequately

screen passengers for known and/or objective COVID-19 symptoms (i.e. fever, dry 

cough, shortness of breath, etc.). Further, despite CELEBRITY having knowledge 

of the perilous situations aboard the Grand Princess and Diamond Princess in 

connection with COVID-19 outbreaks aboard those vessels, CELEBRITY and/or 

the Celebrity Eclipse shoreside management personnel made the decision to set sail 

on the vessel with passengers aboard; instead of canceling the voyage given the 

likelihood of a COVID-19 outbreak aboard the Celebrity Eclipse and in view of the 

outbreak across several metropolitan cities worldwide at that time. Thereafter, the

Celebrity Eclipse debarked from Argentina for a fourteen (14) night Argentinian 

and Chilean cruise with approximately 2,500 passengers and 750 crew members 

onboard.

q. On or about March 2, 2020 (Celebrity Eclipse) – A passenger (or passengers) 

aboard the Celebrity Eclipse complained of flu-like symptoms consistent with a 

COVID-19 diagnosis.12

r. On or about March 8, 2020 (Oasis of the Seas) – A passenger(s) aboard the Oasis 

of the Seas, a vessel operated by Royal Caribbean Cruises Ltd., CELEBRITY’s 

parent company, developed symptoms consistent with a positive COVID-19 

diagnosis and upon information and belief presented their symptoms to the ship’s 

medical center; that same passenger(s) later tested positive for COVID-19.

13

11 See Centers for Disease Control and Prevention, CDC’s role in helping cruise ship travelers during the COVID-19 

pandemic https://www.cdc.gov/coronavirus/2019-ncov/travelers/cruise-ship/what-cdc-is-doing.html.

12 See Centers for Disease Control and Prevention, CDC’s role in helping cruise ship travelers during the COVID-19 

pandemic https://www.cdc.gov/coronavirus/2019-ncov/travelers/cruise-ship/what-cdc-is-doing.html.

13 See Centers for Disease Control and Prevention, CDC’s role in helping cruise ship travelers during the COVID-19 

pandemic https://www.cdc.gov/coronavirus/2019-ncov/travelers/cruise-ship/what-cdc-is-doing.html.

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s. March 9, 2020 (Grand Princess) – The Grand Princess docked in Oakland, 

California and its passengers were held in quarantine. Of the 3,553 passengers 

onboard, 21 of the 46 first round of passengers tested for COVID-19 tested positive 

(45%). Many passengers ultimately refused COVID-19 testing so that they could

disembark and travel to the safety of their homes quicker. 

t. March 13, 2020 – RCCL suspended all of its future cruises, including those 

associated with its subsidiary companies, including CELEBRITY. 

u. March 14, 2020 – The CDC issued its first No Sail Order. The No Sail Order is/was 

applicable to cruise ship operators, like Defendant herein, and provided science 

updates known to date pertaining to the explosive contagiousness associated with 

COVID-19 and how the virus presented dangerous conditions to passengers and 

crew members aboard cruise ships, like the vessel named herein.

14

v. March 15, 2020 (Celebrity Eclipse) – The Celebrity Eclipse is denied the ability to 

dock in Chile because of the country’s concerns with passengers and crew aboard 

who may have COVID-19. Following this development, CELEBRITY does not

enact quarantine and/or physical distancing measures aboard the vessel, but instead, 

allows passengers aboard the vessel to enjoy the voyage as normal.

w. March 17, 2020 (Celebrity Eclipse) – Capt. Leonardos Palaiokrassas, Captain of 

the Celebrity Eclipse during the subject voyage, issued a letter to all passengers 

aboard the vessel stating that due to the vessel being denied port entry to discharge 

all passengers in San Antonio, Chile (as originally intended), the vessel would set 

sail to San Diego in order to disembark remaining passengers, estimated time of 

arrival, March 27, 2020, and in the meantime, CELEBRITY would continue to 

offer a “full schedule of entertainment, activities and dining options” to 

passengers aboard the vessel. At this same time, CELEBRITY actively attempted 

to pacify passengers from the thought and/or dangers of COVID-19 aboard the 

vessel – despite acknowledging the “escalation of this unprecedented situation” 

– by offering them complimentary alcoholic beverages and otherwise downplaying 

the severity of the COVID-19 outbreak that was ravaging the vessel, its passengers 

and crew during that time. A copy of Capt. Leonardos Palaiokrassas’ March 17, 

2020 letter is provided below.

14 See Centers for Disease Control and Prevention, March 14, 2020 No Sail Order 

https://www.cdc.gov/quarantine/pdf/signed-manifest-order_031520.pdf.

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x. March 21, 2020 (Celebrity Eclipse) – CELEBRITY’s shipboard management 

personnel held a gathering of passengers and crew members aboard the vessel to 

recognize the heroics of medical professionals and first responders in response to 

the COVID-19 pandemic. As evidenced by the pictures of this event provided 

below, CELEBRITY did not enforce any physical distancing measures during the 

event.

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y. March 26, 2020 (Celebrity Eclipse) – A passenger(s) aboard the vessel visits the 

ship’s infirmary and complained of symptoms consistent with a positive COVID19 diagnosis.15

z. March 28, 2020 (Celebrity Eclipse) – Capt. Palaiokrassas issued another letter to 

passengers recognizing the need to maintain physical distancing measures off the 

vessel, but not enacting physical distancing measures aboard the vessel. Despite 

these concerns, CELEBRITY would continue to offer a “full schedule of 

entertainment, activities and dining options” to passengers aboard the vessel. 

15 See https://www.10news.com/news/coronavirus/family-of-infected-passenger-on-celebrity-eclipse-sayscoronavirus-symptoms-began-showing-at-sea (last accessed May 7, 2020). 

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aa. March 30, 2020 (Celebrity Eclipse) – The Celebrity Eclipse docked in San Diego, 

California. CELEBRITY permitted passengers to disembark and go home, but 

immediately thereafter, ordered CELEBRITY crew members remaining onboard to 

quarantine. 

bb. April 6, 2020 – News reports and other sources reveal that at least two passengers 

died as a result of contracting COVID-19 aboard the Celebrity Eclipse, and 

approximately 45 others contracted COVID-19 while aboard the vessel.

cc. April 9, 2020 – The CDC issued its second No Sail Order.16

33. Based on the foregoing timeline, CELEBRITY knew or should have known of the 

dangerous conditions and/or explosive contagiousness associated with COVID-19 aboard the

vessel as early as February 5, 2020 when it sent an e-mail to prospective passengers recognizing 

the risk, on February 13, 2020 when the CDC published its Interim Guidance for Ships on 

Managing Suspected Coronavirus Disease 2019 and/or as late as March 26, 2020 when a 

passenger(s) aboard the vessel complained of symptoms consistent with a COVID-19 diagnosis. 

CLASS ACTION ALLEGATIONS

34. At all times material hereto, Plaintiffs, the Class Representative and Class Members herein,

were passengers aboard Defendant’s vessel and who contracted COVID-19 and/or were placed at 

a heightened risk of exposure to COVID-19 while aboard Defendant’s vessel and/or as a result of 

Defendant’s careless conduct alleged herein. 

35. This action is brought by Plaintiffs on their own behalves, and on behalf of all others 

similarly situated, under the provisions of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil 

Procedure.

36. The class so represented by the Plaintiffs in this action, and of which Plaintiffs are

members, consists of passengers aboard Defendant’s vessel from March 1 to March 30, 2020, who 

16 See Centers for Disease Control, April 9, 2020 No Sail Order https://www.cdc.gov/quarantine/pdf/No-Sail-OrderCruise-Ships_Extension_4-9-20-encrypted.pdf.

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were subjected to the dangerous conditions outlined above in connection with Defendant’s 

unreasonably dangerous and/or lackadaisical response to the COVID-19 pandemic and/or its 

presence aboard Defendant’s vessel, despite having knowledge of such dangerous conditions 

aboard the subject vessel as early as February 5, 2020 when it sent an e-mail to prospective 

passengers recognizing the risk, on February 13, 2020 when the CDC published its Interim 

Guidance for Ships on Managing Suspected Coronavirus Disease 2019 and/or as late as March 

26, 2020 when a passenger(s) aboard the vessel complained of symptoms consistent with a 

COVID-19 diagnosis. 

37. This class of passengers contracted COVID-19 and/or were placed at an increased exposure 

to contracting it and/or suffered medical complications arising from the virus itself and/or suffered 

a psychological toll as a result of potentially contracting same, and were injured about their bodies 

and/or extremities, suffered physical pain and suffering, mental anguish, reduced lung function 

and/or capacity, future physical and medical problems (including but not limited to reduced lung 

function and/or capacity) and/or the reasonable fear of developing future physical and medical 

problems as a result of Defendant’s negligence and/or gross negligence and/or intentional conduct. 

38. The exact number of members of the class is unknown at this time given that many 

members are currently in voluntary or forced isolation at this time and/or have been unable to be 

properly tested for COVID-19 since disembarking the vessel and returning home; however, at this 

time it is estimated that there are in excess of 1,000 members. The class is so numerous that joinder 

at this anticipated amount of all members is impracticable. Thus, this action satisfies the 

requirements of Rule 23(a)(1).

39. There are common questions of law and fact that relate to and effect the rights of each 

member of the class and the relief sought is common to the entire class. The same misconduct on 

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the part of Defendant, CELEBRITY, caused the same or similar injury to each class member. All 

class members seek damages under U.S. General Maritime Law. Accordingly, this action satisfies 

the requirement of Rule 23(a)(2). 

40. The claims of Plaintiffs are typical of the claims of the class, in that the claims of all 

members of the class, including the named Plaintiff, depend upon a virtually identical showing of 

the acts and omissions of Defendant, CELEBRITY, giving rise to the right of Plaintiff to the relief 

sought herein. Defendant, CELEBRITY, was at all times material hereto engaged in the same 

conduct to the detriment of the entire class of Plaintiffs. Accordingly, this action satisfies the 

requirements of Rule 23(a)(3). 

41. Plaintiffs are the representative parties for the class, and are able to, and will, fairly and 

adequately protect the interests of the class. There is no conflict between Plaintiffs and other 

members of the class with respect to this action, or with respect to the claims for relief herein. The 

attorneys for Plaintiffs are experienced and capable in the field of maritime claims for cruise ship 

passenger injury, including class actions, and have successfully represented claimants in other 

litigation of this nearly exact nature. Three of the attorneys designated as counsel for Plaintiffs, 

Jason R. Margulies, Michael A. Winkleman, and L. Alex Perez, will actively conduct and be 

responsible for Plaintiffs’ case herein. Accordingly, this action satisfies the requirement of Rule 

23(a)(4). 

42. This action is properly maintained as a class action under Rule 23(b)(3) inasmuch as 

questions of law and fact common to the members of the class predominate over any questions 

affecting only individual members, and a class action is superior to the other available methods for 

the fair and efficient adjudication of this controversy. In support of the foregoing, Plaintiffs allege 

that common issues predominate and can be determined on a class-wide basis regarding 

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Defendant, CELEBRITY’s failure to exercise reasonable care under the circumstances toward the 

Plaintiffs while aboard the vessel in connection with the presence and/or threat of COVID-19 

aboard same, in view of Defendant’s careless and/or lackadaisical response to the COVID-19 

pandemic and/or its confirmed and/or likely presence aboard Defendant’s vessel while Plaintiffs 

were passengers aboard the vessel. 

43. A class action is superior to other available methods for the fair and efficient adjudication 

of this controversy because it is unlikely that individual plaintiffs would assume the burden and 

the cost of this complex litigation, and Plaintiffs are not aware of any class members who are 

interested in individually controlling the prosecution of a separate action. The interests of justice 

will be served by resolving the common disputes of the class members with Defendant, 

CELEBRITY, in a single forum, and individual actions by class members, many of whom are 

citizens of different states would not be cost effective. The class consists of a finite and identifiable 

number of individuals which will make the matter manageable as a class action.

COUNT I – GENERAL NEGLIGENCE

Plaintiffs re-allege, adopt, and incorporate by reference the allegations in paragraphs one 

(1) through forty-three (43), as though alleged originally herein, and further allege:

44. It was the duty of Defendant to provide Plaintiffs and all others similarly situated with 

reasonable care under the circumstances.

45. Defendant and/or its agents, servants, and/or employees breached its duty to provide 

Plaintiffs with reasonable care under the circumstances.

46. As a result, Plaintiffs were injured due to the fault and/or negligence of Defendant, and/or 

its agents, servants, and/or employees as follows: 

a. Failure to use reasonable care to provide and maintain a safe voyage for Plaintiffs

and others similarly situated, fit with proper and adequate safety measures, 

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protection, cleaning products and equipment, especially during a known and 

escalating global pandemic related to COVID-19; 

b. Failure to adequately examine passengers’ and/or crewmembers’ health condition 

on land and before allowing them to board and/or remain aboard the vessel for the 

subject voyage; 

c. Failure to have adequate medical personnel during the boarding process on land 

and/or on the vessel before the subject voyage commenced to evaluate and/or 

determine whether to allow passengers and/or crew members to board the vessel 

who plainly and/or objectively exhibited symptoms consistent with a positive 

COVID-19 diagnosis; 

d. Failure to have adequate medical personnel aboard the vessel and/or shoreside 

responsible for the boarding process of passengers and/or crew members to 

determine whether to allow boarding to passengers and/or crewmembers in 

accordance with CDC guidelines available at the time of boarding;

17

e. Failure to adequately sanitize and/or disinfect the vessel’s common areas and 

passengers’ cabins; 

f. Failure to adequately sanitize and/or disinfect plates, cups, food trays, utensils, ice 

machines and drinking fountains aboard the vessel to be used by passengers; 

g. Failure to timely quarantine passengers aboard the vessel infected with COVID-19

and/or who exhibited symptoms consistent with a COVID-19 diagnosis and/or 

other virus and/or other infectious disease; 

h. Failure to timely quarantine crew members aboard the vessel infected with COVID19 and/or who exhibited symptoms consistent with a COVID-19 diagnosis and/or 

other virus and/or other infectious disease; 

i. Failure to provide prompt, proper, and adequate medical treatment to passengers 

infected with COVID-19 and/or who exhibited symptoms consistent with a 

COVID-19 diagnosis and/or other virus and/or other infectious disease; 

j. Failure to serve food to passengers that wasn’t contaminated with COVID-19; 

k. Failing to practice safe and sanitary food practices aboard the vessel; 

l. Failure to adequately and properly eradicate COVID-19 or some other virus causing 

illness to passengers aboard the vessel; 

17 See Centers for Disease Control and Prevention, Interim Guidance for Ships on Managing Suspected Coronavirus 

Disease 2019, (last updated February 18, 2020) https://www.cdc.gov/quarantine/maritime/recommendations-forships.html.

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m. Failure to take adequate steps to prevent an outbreak of COVID-19 and/or virus 

and/or infectious disease aboard the vessel when Defendant knew or should have 

known that such an outbreak was going to occur and/or had already occurred aboard 

the vessel on or about February 5, 2020, February 13, 2020, March 2, 2020 and/or 

March 26, 2020; 

n. Failure to take adequate medical precautions when a passenger exhibited symptoms 

of COVID-19 aboard the vessel so that it could be timely diagnosed and/or 

managed in relation to other passengers aboard the vessel who could and/or likely 

would contract same; 

o. Failure to perform available testing on all ill passengers aboard the vessel to 

confirm the type and nature of their illness in order to rule out COVID-19; 

p. Failure to have adequate policies and procedures in place to manage and/or contain 

the outbreak and/or spread of COVID-19 aboard the vessel; 

q. Failure to provide a sanitary vessel to prevent an outbreak of COVID-19 aboard 

same, including, but not limited to, the performance of adequate and/or effective 

cleaning/sanitary procedures and/or supplying the vessel with a sufficient amount 

of cleaning equipment and supplies; 

r. Refusing to cancel and/or offer refunds to passengers as a result of a passenger 

and/or crew member(s) on a prior cruise aboard the vessel who may have exhibited 

symptoms consistent with a COVID-19 diagnosis; 

s. Failing to have proper policies and procedures in place to determine whether to 

offer refunds as a result of the risk of exposing passengers to COVID-19; 

t. Failure to provide adequate training, instruction, and supervision to Defendant’s 

crew members as it pertained to properly handling the growing COVID-19 

pandemic and its relation and/or threat aboard the vessel; 

u. Failure to promulgate and/or enforce adequate policies and procedures to ensure 

that safety aboard the vessel in response to the threat of COVID-19 would not be 

compromised for Defendant’s cost and/or profits; 

v. Failure to promulgate policies and/or procedures aimed at ensuring an adequate 

emergency plan to protect the health and welfare of passengers during an outbreak 

of a virus and/or infectious disease, including, but not limited to, COVID-19; 

w. Failure to determine and/or appreciate the hazards associated with allowing 

passengers to congregate within close distances, including within six feet, in 

common areas of the vessel; 

x. Knowing, as a result of previous similar infectious disease outbreaks aboard 

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Defendant’s vessels, of the likelihood of a threat to passenger safety resulting from 

COVID-19 as outlined above; yet, failing to take corrective action and/or 

implement policies and procedures aimed at preventing and/or mitigating the 

harmful effects of the of the subject incident/COVID-19 outbreak aboard the vessel; 

y. Failure to amend its cancellation policy to allow passengers to cancel the subject 

cruise without financial penalty in light of a passenger from a previous voyage who 

may have exhibited symptoms consistent with a positive COVID-19 diagnosis

and/or the significant actual risk due to COVID-19 global pandemic worldwide; 

z. Continuing to allow passengers to congregate in close proximity to one another 

and/or eat in buffet settings aboard the vessel (i.e. not enforcing physical distancing 

measures) and/or providing passengers with “a full schedule of entertainment, 

activities and dining options” as late as March 28, 2020, despite Defendant knowing 

of the presence and/or likely presence of COVID-19 aboard the vessel as early as 

February 5, 2020 when it sent an e-mail to prospective passengers recognizing the 

risk, on February 13, 2020 when the CDC issued considerations to cruise ship 

operators as it pertained to the potential spread of COVID-19 aboard cruise vessels 

and/or as late as March 2 and/or 26, 2020 when a passenger aboard the vessel 

complained of symptoms consistent with a positive COVID-19 diagnosis;

aa. Failure to reasonably restrict individuals’ access to the vessel (including, but not 

limited to CELEBRITY’s passengers, shoreside personnel, independent 

contractors, crewmembers, etc.) once CELEBRITY acquired notice of the 

dangerous conditions and/or explosive contagiousness associated with COVID-19 

potentially aboard the vessel;

bb. Failure to timely enact fleetwide vessel lockdowns of all non-essential personnel

once CELEBRITY acquired notice of the dangerous conditions and/or explosive 

contagiousness associated with COVID-19 potentially aboard its other vessels;

cc. Failure to timely enact fleetwide and/or specific vessel physical distancing 

measures, including, but not limited to, a requirement that all shipboard individuals 

maintain separation of at least six (6) feet from other passengers and/or crew; 

dd. Failure to timely quarantine those passenger and/or crew members whom 

Defendant reasonably suspected had contracted COVID-19 aboard the vessel 

and/or other vessels operated by Defendant;

ee. Failure to reasonably and/or timely identify passengers and/or crew members who 

recently traveled to or from COVID-19 high risk/exposure locations before 

permitting them to board the vessel; and/or

ff. Other acts or omissions constituting a breach of the duty to use reasonable care 

under the circumstances which are revealed through discovery.

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47. The above acts and/or omissions caused and/or contributed to Plaintiffs and others 

similarly situated contracting COVID-19 and/or medical complications arising from it because the 

Plaintiffs and others similarly situated would not have contracted COVID-19 and/or been 

unreasonably exposed to contracting same had Defendant exercised reasonable care under the 

circumstances. 

48. The above acts and/or omissions caused and/or contributed to the Plaintiffs and others 

similarly situated contracting COVID-19 and/or medical complications arising from it because the 

COVID-19 outbreak aboard the vessel would not have occurred but for Defendant’s failure to 

adequately sanitize the vessel in a reasonably safe condition.

49. Defendant knew of the foregoing conditions causing Plaintiffs and others similarly situated 

to contract COVID-19 and/or be exposed to an actual risk of physical injury resulting from it and 

did not correct them, or the conditions existed for a sufficient length of time so that Defendant in 

the exercise of reasonable care under the circumstances should have learned of them and corrected 

them. 

50. As a result of Defendant’s negligence, Plaintiffs and others similarly situated:

a. Contracted COVID-19 and/or suffered medical complications arising from it and 

were injured about their body and extremities, suffered both physical pain and 

suffering, mental and emotional anguish, loss of enjoyment of life, temporary 

and/or permanent physical disability, impairment, inconvenience in the normal 

pursuits and pleasures of life, feelings of economic insecurity, disfigurement, 

aggravation of any previously existing conditions therefrom, incurred medical 

expenses in the care and treatment of their injuries including life care, suffered 

physical handicap, lost wages, income lost in the past, and their working ability and 

earning capacity has been impaired. The injuries and damages are permanent or 

continuing in nature, and Plaintiffs and others similarly situated will suffer the 

losses and impairments in the future; and/or

b. Were exposed to an actual risk of the physical injury, which caused severe mental 

and emotional anguish with physical manifestations of that mental and emotional 

anguish including, but not limited to, sickness, nausea, exhaustion, fatigue, 

headaches, insomnia, lack of sleep, poor sleep, nightmares and/or respiratory 

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difficulties.

WHEREFORE, the Plaintiffs and others similarly situated demand judgment for all 

damages recoverable under the law against the Defendant, and demand trial by jury.

COUNT II – NEGLIGENT FAILURE TO WARN 

Plaintiffs re-allege, adopt, and incorporate by reference the allegations in paragraphs one 

(1) through forty-three (43), as though alleged originally herein, and further allege:

51. It was the duty of Defendant to provide Plaintiffs and all others similarly situated with 

reasonable care under the circumstances. 

52. Additionally, Defendant was under a duty to warn Plaintiffs of dangerous conditions 

aboard the ship and/or in specific areas where Defendant invited Plaintiffs to occupy and/or 

reasonably foresaw that Plaintiffs would occupy aboard the vessel, such as common areas and/or 

the dining rooms. 

53. At all times material, the presence of COVID-19 aboard the vessel constituted a dangerous 

condition, of which Defendant had prior knowledge and/or acquired such knowledge during the 

subject cruise, for the reasons outlined above. 

54. Defendant and/or its agents, servants, and/or employees breached its duty to provide 

Plaintiffs with reasonable care under the circumstances and/or its duty to warn Plaintiffs of the 

dangerous conditions associated with COVID-19 aboard the vessel.

55. As a result, Plaintiffs were injured due to the fault and/or negligence of Defendant, and/or 

its agents, servants, and/or employees as follows: 

a. Failure to adequately and/or timely warn passengers of other passengers and/or 

crew who complained to Defendant and/or the medical professionals aboard the 

vessel that they had symptoms consistent with a positive COVID-19 diagnosis; 

b. Misrepresenting to passengers aboard the vessel that “[a]ll guests onboard remain 

healthy and happy” and/or misrepresenting that no person onboard had COVID-19; 

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when in fact, a person aboard the vessel complained of symptoms consistent with 

COVID-19 and later tested positive and/or Defendant could not reasonably test the 

person to confirm their diagnosis and reliably advise other passengers about 

whether or not there was an absence of COVID-19 cases aboard the vessel;

c. Failure to adequately and/or timely warn passengers of the dangers and/or risks of 

contracting COVID-19, including, but not limited to, failing to reasonably inform 

the passengers of the extent of a potential COVID-19 outbreak aboard the vessel 

and/or how to reduce the likelihood of contracting infectious disease, including 

COVID-19 specifically, aboard the vessel; 

d. Failure to adequately and/or timely warn passengers before boarding the vessel that 

a passenger on a prior cruise may have shown symptoms of COVID-19; 

e. Failure to adequately and/or timely warn passengers before boarding the vessel that 

the vessel’s medical facility, including the medical personnel, equipment, and 

supplies, would not be able to adequately handle a COVID-19 outbreak onboard 

the vessel; 

f. Other acts or omissions constituting a breach of the duty to use reasonable care 

under the circumstances which are revealed through discovery.

56. The above acts and/or omissions caused and/or contributed to Plaintiffs and others 

similarly situated contracting COVID-19 and/or medical complications arising from it because the 

Plaintiffs and others similarly situated would not have contracted COVID-19 and/or been 

unreasonably exposed to contracting same had Defendant exercised reasonable care under the 

circumstances and/or warned the Plaintiffs, as outlined above.

57. The above acts and/or omissions caused and/or contributed to Plaintiffs and others 

similarly situated contracting COVID-19 and/or medical complications arising from it because the 

Plaintiffs and others similarly situated would not have participated in the subject cruise to the 

extent that they did, based on and/or in part on the Captain’s assurances, and/or had Defendant 

adequately warned the Plaintiffs of the foreseeable danger pertaining to the COVID-19 outbreak 

aboard the vessel.

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58. Defendant knew of the foregoing conditions causing Plaintiffs and others similarly situated 

to contract COVID-19 and/or be exposed to an actual risk of physical injury resulting from it and 

did not correct them, or the conditions existed for a sufficient length of time so that Defendant in 

the exercise of reasonable care under the circumstances should have learned of them and corrected 

them. 

59. As a result of Defendant’s negligence, Plaintiffs and others similarly situated:

a. Contracted COVID-19 and/or suffered medical complications arising from it and 

were injured about their body and extremities, suffered both physical pain and 

suffering, mental and emotional anguish, loss of enjoyment of life, temporary 

and/or permanent physical disability, impairment, inconvenience in the normal 

pursuits and pleasures of life, feelings of economic insecurity, disfigurement, 

aggravation of any previously existing conditions therefrom, incurred medical 

expenses in the care and treatment of their injuries including life care, suffered 

physical handicap, lost wages, income lost in the past, and their working ability and 

earning capacity has been impaired. The injuries and damages are permanent or 

continuing in nature, and Plaintiffs and others similarly situated will suffer the 

losses and impairments in the future; and/or

b. Were exposed to an actual risk of the physical injury, which caused severe mental 

and emotional anguish with physical manifestations of that mental and emotional 

anguish including, but not limited to, sickness, nausea, exhaustion, fatigue, 

headaches, insomnia, lack of sleep, poor sleep, nightmares and/or respiratory 

difficulties.

WHEREFORE, the Plaintiffs and others similarly situated demand judgment for all 

damages recoverable under the law against the Defendant, and demand trial by jury.

COUNT III – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 

Plaintiffs re-allege, adopt, and incorporate by reference the allegations in paragraphs one 

(1) through forty-three (43), as though alleged originally herein, and further allege:

60. It was the duty of Defendant to provide Plaintiffs and all others similarly situated with 

reasonable care under the circumstances.

61. At all times material, due to the negligence and/or gross negligence and/or intentional 

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conduct of the Defendant, outlined above, Plaintiffs and all others similarly situated were placed 

in an immediate risk of physical harm. Said risk of physical harm included, but is not limited to:

contracting COVID-19 and/or medical complications arising from it and/or injury and/or death 

and/or severe emotional and/or psychological trauma. 

62. Defendant’s negligence and/or gross negligence and/or intentional conduct caused mental 

and/or emotional harm and/or distress in the Plaintiffs and all others similarly situated, such as fear 

and anxiety. These emotional injuries and/or damages have also resulted in physical 

manifestations, such as sickness, nausea, exhaustion, fatigue, headaches, insomnia, lack of sleep, 

poor sleep, nightmares and/or respiratory difficulties. 

63. More specifically, Defendant caused Plaintiffs to be placed in a foreseeable zone of risk of 

immediate physical impact because Defendant knew of the risks and/or dangers in connection with 

COVID-19, its presence and/or likely presence aboard the vessel during the subject voyage, as 

well as the injuries it could cause Plaintiffs and/or other passengers if they physically contracted 

it; yet, as outlined above, Defendant carelessly failed to reasonably protect and/or warn the 

Plaintiffs of those risks and/or dangers. As a result, Plaintiffs were placed in a foreseeable zone of 

risk of immediate physical impact (i.e. physically contracting COVID-19 from other passengers 

and/or crew members while aboard the vessel and/or disembarking same) as a result of Defendant’s 

failure to timely and/or reasonably curtail Plaintiffs and/or other passengers and/or other crew 

members activities and/or conduct while aboard the vessel. 

64. For example, Defendant continued to allow passengers to congregate in close proximity to 

one another and/or eat in buffet settings aboard the vessel (i.e. not enforcing physical distancing 

measures) and/or provide passengers with “a full schedule of entertainment, activities and dining 

options” as late as March 28, 2020, despite Defendant knowing of the presence and/or likely 

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presence of COVID-19 aboard the vessel as early as February 5, 2020 when it sent an e-mail to 

prospective passengers recognizing the risk, on February 13, 2020 when the CDC issued 

considerations to cruise ship operators as it pertained to the potential spread of COVID-19 aboard 

cruise vessels and/or as late as March 2 and/or 26, 2020 when a passenger aboard the vessel 

complained of symptoms consistent with a positive COVID-19 diagnosis.

65. In sum, Plaintiffs and those similarly situated were forced to remain on the vessel that had 

a passenger(s) present to Defendant with symptoms consistent with a positive COVID-19 

diagnosis, and then were forced to disembark the vessel in tight groups, which further created an 

immediate and actual risk to Plaintiffs of physical exposure to COVID-19 and/or a reasonable fear 

of great bodily harm and/or death as a result of contracting same. 

66. As a result of Defendant’s negligence, Plaintiffs and others similarly situated:

a. Contracted COVID-19 and/or suffered medical complications arising from it and 

were injured about their body and extremities, suffered both physical pain and 

suffering, mental and emotional anguish, loss of enjoyment of life, temporary 

and/or permanent physical disability, impairment, inconvenience in the normal 

pursuits and pleasures of life, feelings of economic insecurity, disfigurement, 

aggravation of any previously existing conditions therefrom, incurred medical 

expenses in the care and treatment of their injuries including life care, suffered 

physical handicap, lost wages, income lost in the past, and their working ability and 

earning capacity has been impaired. The injuries and damages are permanent or 

continuing in nature, and Plaintiffs and others similarly situated will suffer the 

losses and impairments in the future; and/or

b. Were exposed to an actual risk of the physical injury, which caused mental and 

emotional anguish with physical manifestations of that mental and emotional 

anguish including, but not limited to, sickness, nausea, exhaustion, fatigue, 

headaches, insomnia, lack of sleep, poor sleep, nightmares and/or respiratory 

difficulties.

WHEREFORE, the Plaintiffs and others similarly situated demand judgment for all 

damages recoverable under the law against the Defendant, and demand trial by jury.

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COUNT IV – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Plaintiffs re-allege, adopt, and incorporate by reference the allegations in paragraphs one 

(1) through forty-three (43), as though alleged originally herein, and further allege:

67. As set forth above, Defendant’s actions and/or omissions in responding to the COVID-19 

outbreak aboard the vessel was intentional and/or reckless, and, as a result, inflicted severe mental 

suffering on the Plaintiffs herein. 

68. Evidence of Defendant’s intentional/reckless and outrageous conduct before and during 

the subject voyage is outlined below: 

a. Failing to timely and/or adequately screen passengers on land before allowing them

to board the vessel for the subject voyage, despite Defendant knowing of the 

escalating COVID-19 pandemic and the potential for an explosive COVID-19 

outbreak aboard the vessel, in view of the Diamond Princess and Grand Princess 

crises several weeks earlier, so that Defendant could claim plausible deniability as 

to their knowledge of COVID-19 aboard the subject vessel if/when it actually 

occurred; 

b. Deciding to proceed with the subject voyage and not restricting passengers’ 

activities aboard the vessel despite a passenger(s) complaining of symptoms 

consistent with a positive COVID-19 diagnosis while aboard the vessel;

c. Failing to timely restrict passengers’ buffet/group dining aboard the vessel, 

quarantine passengers and/or crew and/or enact physical distance requirements 

aboard the vessel, despite acknowledging the “escalation of this unprecedent 

situation” related to the COVID-19 pandemic; and instead, continuing to allow 

passengers and/or crew to congregate in close proximity to one another aboard the 

vessel for meals and/or entertainment; and/or

d. Failing to timely and/or reasonably warn passengers of the potential presence of 

COVID-19 aboard the vessel in view of a passenger(s)’s complaint(s) of symptoms 

consistent with a positive COVID-19 diagnosis; and instead, attempting to pacify 

passengers in the midst of the COVID-19 outbreak aboard the vessel by offering 

them complimentary alcoholic beverages and otherwise downplaying the severity 

of the COVID-19 outbreak that was ravaging the vessel, its passengers and crew 

during the subject voyage.

69. At all times material, due to the negligence and/or gross negligence/reckless and/or 

intentional conduct of the Defendant, Plaintiffs and all others similarly situated were placed in an 

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immediate risk of physical harm. Said risk of physical harm included but is not limited to:

contracting COVID-19 and/or medical complications arising from it and/or injury and/or death 

and/or severe emotional and/or psychological trauma. 

70. More specifically, Defendant caused Plaintiffs to be placed in a foreseeable zone of risk of 

immediate physical impact because Defendant knew of the risks and/or dangers in connection with 

COVID-19, its presence and/or likely presence aboard the vessel during the subject voyage, as 

well as the injuries it could cause Plaintiffs and/or other passengers; yet, as outlined above, 

Defendant carelessly failed to reasonably protect and/or warn the Plaintiffs of those risks and/or 

dangers. As a result, Plaintiffs were placed in a foreseeable zone of risk of immediate physical 

impact (i.e. contracting COVID-19 while aboard the vessel and/or disembarking same) as a result 

of Defendant’s failure to timely and/or reasonably curtail Plaintiffs and/or other passengers and/or 

other crew members activities and/or conduct while aboard the vessel.

71. Plaintiffs’ emotional injuries and/or damages have also resulted in severe physical 

manifestations, such as severe sickness, nausea, exhaustion, fatigue, headaches, insomnia, lack of 

sleep, poor sleep, nightmares and/or respiratory difficulties. 

72. Defendant’s conduct, as alleged and outlined above, was so outrageous in character, and 

so extreme in degree, that it goes beyond all possible bounds of common decency, and can be 

regarded as atrocious and utterly intolerable in a civilized community. 

73. As a result of Defendant’s intentional conduct, Plaintiffs and others similarly situated:

a. Contracted COVID-19 and/or suffered medical complications arising from it and 

were injured about their body and extremities, suffered both physical pain and 

suffering, mental and emotional anguish, loss of enjoyment of life, temporary 

and/or permanent physical disability, impairment, inconvenience in the normal 

pursuits and pleasures of life, feelings of economic insecurity, disfigurement, 

aggravation of any previously existing conditions therefrom, incurred medical 

expenses in the care and treatment of their injuries including life care, suffered 

physical handicap, lost wages, income lost in the past, and their working ability and 

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earning capacity has been impaired. The injuries and damages are permanent or 

continuing in nature, and Plaintiffs and others similarly situated will suffer the 

losses and impairments in the future; and/or

b. Were exposed to an actual risk of the physical injury, which caused severe mental 

and emotional anguish with severe physical manifestations of that mental and 

emotional anguish including, but not limited to, severe sickness, nausea, 

exhaustion, fatigue, headaches, insomnia, lack of sleep, poor sleep, nightmares 

and/or respiratory difficulties.

WHEREFORE, the Plaintiffs and others similarly situated demand judgment for all 

damages recoverable under the law against the Defendant, and demand trial by jury.

Dated: May 13, 2020 Respectfully submitted,

LIPCON, MARGULIES, 

ALSINA & WINKLEMAN, P.A.

Attorneys for Plaintiffs

One Biscayne Tower, Suite 1776

2 South Biscayne Boulevard

Miami, Florida 33131

Telephone No.: (305) 373-3016

Facsimile No.: (305) 373-6204

By: /s/ Michael Winkleman 

JASON R. MARGULIES

Florida Bar No. 57916

jmargulies@lipcon.com

MICHAEL A. WINKLEMAN

Florida Bar No. 36719

mwinkleman@lipcon.com

JACQUELINE GARCELL

Florida Bar No. 104358

jgarcell@lipcon.com

L. ALEX PEREZ

Florida Bar No. 125452

aperez@lipcon.com

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