A group of travelers who were aboard the
ill-fated Sea Diamond the day it struck a reef and sank near
Santorini have sued the ship's owner, Louis Cruise Lines, and their
tour operator, Globus.
The group is
charging both with negligence, demanding that both pay damages in
amounts to be set by a jury.
The suit was
filed by about 20 passengers in the same group, most of whom are
from Dobbs Ferry, N.Y., said Jacqueline James, the plaintiffs'
attorney. Other passengers on the cruise may join the action, she
said.
The plaintiffs
told the U.S. District Court, Southern District of New York, that
the Sea Diamond ran aground on a well-marked reef because its
captain and crew failed to observe the rules of
navigation.
The plaintiffs
noted that Greek authorities had charged the captain and some crew
with negligence and that a Louis official had publicly acknowledged
that the accident had been caused by human error.
As for the
evacuation, the plaintiffs said it was a long, chaotic, poorly
managed affair, contrary to maritime safety guidelines calling for
a ship to be evacuated within one hour. It said the "negligent
evacuation ... left many without life jackets, instructions or the
proper egress from the ship." The court papers said the crew
apparently lacked evacuation training.
The plaintiffs
took Globus to task, alleging negligence in its selection of a
cruise operator. They said Globus knew or should have known that
Louis negligently operated the ship and that it had violated safety
standards previously.
They said Globus
had failed to "properly escort" the travelers, had failed to
"organize and supervise an orderly evacuation of its escorted
guests ... [and] failed to provide information on evacuation and
safety measures prior to and during the evacuation."
The cruise
passengers also accused Globus of deceptive practices and breach of
contract, saying they bought baggage and trip-interruption
insurance from Globus, which "has refused to make payment."
The plaintiffs
seek damages for various injuries, property loss and mental
anguish.
James said she
had not sued the insurance provider, Trip Mate, because clients
"paid their premiums to Globus."
Globus, saying it
had not been served with papers, declined to comment on the
specifics, but COO Scott Nisbet said that Globus had received
"nothing but praise" from passengers and from the U.S. Embassy in
Greece for the steps it took to assist passengers during and after
the incident.
He added that
insurance claims were being processed, a comment confirmed by Trip
Mate's president, Brad Finkle, who said there was "no question"
that the passengers were covered.
Finkle said that
"every passenger has received a claim form" and that Trip Mate had
already received some completed claims. He said that while Louis
had some liability for trip interruption, Trip Mate insurance would
share that cost and that the baggage was clearly covered.
Louis Cruise
Lines could not be reached for comment.
To contact the reporter who wrote this article, send e-mail
to Nadine Godwin at [email protected].