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Carnival Cruisers File Class-Action Suit

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  • Description

    Attorney Mike Winkleman discusses his suit against the cruise line.

  • Duration 4:05
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Passengers who was stranded on not callable cruise line it would -- food in the working bathrooms -- days while they are indeed now filing a class action suit.

Do they have a case there's no -- percent.

When you bought your ticket like any other contract it clearly says in black and white.

You want to sue us for emotional distress forget about it.

You want to -- what's he gonna do it Genoa Italy -- you going to do it district court in Florida.

You want to sue us hey you better have real injuries and -- only gonna pay you for your actual injuries and that's why you get to pay.

Less than a hundred dollars a day if you don't like it don't cruise.

-- next.

Yes totally disagrees he is represented in the -- -- is in this class action suit his name is Mike when -- and he joins us now from Florida.

Mike do you just cut the -- -- -- that we -- on on this program -- He was saying look you wanna sue for emotional distress you haven't got a cases no no way you're going to be able to do that's.

And you've got to show real injury is to get any money out of -- yet you off filing a suit what's you grounds.

Well first good morning Stuart and I your producers were nice enough to send me that clip of the criminal defense attorney with his opinions regarding the -- very unique maritime claim and while I appreciate his opinions.

Mine certainly do divert from that my -- -- since 1971 has been representing cruise ship passengers -- workers that have been hurt.

Or -- because the negligence of the major cruise lines in this case is no different we're very confident and very comfortable with the position that -- in the class action lawsuit was filed on Monday.

There are rights and benefits under United States law and we're gonna do our best and make the maximum coverage that we -- -- Negligent are you saying that are you saying that -- was negligent and if so.

Do you not have to show that they knew there was a mechanical problem with the -- and did nothing about it.

Yes I we are not only -- for negligence were also -- for gross negligence and we're also -- for -- we consider to be intentional conduct.

To answer your question do we have to prove that they knew or should've known which would be noticed.

Yes and the stories that we've already heard was that there were multiple prior cruises with the same or similar type of issues that we're going on so they knew full well that there were engine problems going on.

And then to get into the intentional conduct really.

Boils down to the decision instead of turning around to go to Mexico.

To drag these passengers across the Gulf of Mexico for four or five days now the jurisdiction under which you lost suing is South Florida I think it's not right.

Correct some of you -- you can use all the normal American legal tactics to press -- a suit and it is a class action suit.

How many get passengers are you represented at the moment.

Presently -- it's an ever growing number I think it's about several hundred or so now keep in mind we're only about a week out.

And -- -- with a number other Texas lawyers that represented a number of people that are interest and -- class so images -- the C about a week from now maybe even a month from now -- Iraq in terms of numbers.

But you make an interesting point Stuart about the benefits of US law if you compared to the Costa Concordia where all -- That -- in -- United States port so unfortunately all those people had to sue in Genoa Italy and my firm actually represents -- number number of them.

Whereas here because it touched -- US port you can't see United States court you actually have to sue and Miami Florida.

And that's where we come -- One last one I've got a problem with some class action suits because.

Which if it settled in favor of the plaintiffs the class action.

They often get a discount coupon on a future -- -- -- flight or a future cruise for example on the lawyers mr.

Burkle and you'll guys who take the cash.

All you going to assure me that under no circumstances will the same thing happened this time.

I will 100% assure you I think a lot of pride and as does my for -- doing the right thing for people.

In those cases are are sort of unique what -- call coupon settlements there was the 2005.

Class action fairness act.

And a lot of people have sort of misconceptions about class actions but in fact.

Generally attorneys have a lower feed and I think that they normally would.

What's really answer your question Stuart I give you my 100% assurance that we'll take the absolute best care for each and every passenger that was harmed and that -- -- all right Michael implement.

Florida thanks for joining us so we appreciate being with us thank you.

Thank you Stuart.

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