MIAMI, May 30, 2023 /PRNewswire/ -- It's taken three years, but passengers who set sail on the Costa Luminosa in March 2020 will finally get their day in court. Miami cruise ship attorney Michael Winkleman from Lipcon, Margulies & Winkleman, P.A. has been fighting on behalf of the passengers:
"This battle has been years in the making and we are thrilled with the Order of the Italian Courts as it will finally give our clients their day in court and enable them to recover damages related to this nightmare cruise. We already represent hundreds of the passengers who were injured, harmed or died as a result of this cruise, but every other passenger on this cruise needs to act fast to join the class action."
In April 2020, Lipcon, Margulies & Winkleman, P.A. filed a class action lawsuit in federal court in Florida against Costa Cruise lines. The class action lawsuit alleged Costa Luminosa set sail from Ft. Lauderdale on March 5, 2020, despite the fact that Costa Cruise Lines knew at least one passenger from its previous voyage had shown COVID symptoms.
When passengers expressed hesitation about travelling on the cruise, Costa Cruise Lines misrepresented that the vessel was completely safe and that passengers would not be allowed to cancel their trip without forfeiting money they already paid.
Three days after the vessel left Ft. Lauderdale, the CDC issued a warning that "U.S. citizens, particularly travelers with underlying health conditions, should not travel by cruise ship." Yet, passengers onboard the Costa Luminosa were not advised of this.
Instead, passengers embarked across the Atlantic in a ticking time bomb, which resulted in numerous deaths. Our class action complaint against Costa Cruise Lines seeks compensatory and punitive damages.
Joanne Preston, a Massachusetts resident who was on this cruise said:
"Of the many cruises I've been on, this one had a life altering effect on me. I was one of the people that was escorted off of the Costa Luminosa in Marseille, France ahead of everyone else, and then called ahead of everyone else getting off of the plane in Atlanta and then being informed that I had Covid. I was then detained for several days. It was extremely scary."
The U.S. filed class action was ultimately dismissed because of a forum selection clause contained in the passenger ticket contract that said that any claims had to be brought against Costa Cruise Lines in Italy.
Now, three years later, the Italian Court has approved the class action case, in an order you can view here.
This means all passengers aboard this ill-fated cruise have a right to join this class action and obtain compensation including reimbursement of the cost of the cruise as well as compensation based on unfair commercial practices and ruined holiday. Importantly, if any passenger wants to join the class action, they must do so by September 15, 2023. If you were on this voyage and want to join the class, please click here and enter your information.
SOURCE Lipcon, Margulies & Winkleman, P.A.
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