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Tello v. Royal Caribbean Cruises, Ltd.

United States District Court for the Southern District of Florida
939 F. Supp. 2d 1269 (2013)


Facts

Margarita Tello (plaintiff) and her son, Jose Tello, were passengers on a Royal Caribbean Cruises, Ltd. (defendant) cruise ship. Jose was over served and became inebriated. In trying to return to his room from the bar, Jose got lost. He attempted to climb down to a lower deck, but fell into the water and drowned. Margarita was not present during the incident. The following day, after reviewing the ship’s security tapes, the Royal Caribbean captain told Margarita that her son had committed suicide. Margarita was Catholic and believed that suicide was a grave sin. Margarita believed that her son went to hell. Thereafter, Margarita suffered severe mental anguish and emotional distress. Margarita brought suit against Royal Caribbean for negligent and intentional infliction of emotional distress. Royal Caribbean filed a motion to dismiss the complaint.

Rule of Law

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Issue

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Holding and Reasoning (Lenard, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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