MIAMI — A federal judge who stated his ruling demonstrates the "consequences" of pro se litigation has ordered a Lake Worth woman and her family suing Royal Caribbean Cruises over the death of their daughter to pay for attorney fees and costs due to their "abuse" of the court system.
According to the June 7 U.S. District Court Southern District of Florida filing, defendant Royal Caribbean Cruises filed a motion for attorneys' fees and nontaxable costs after a complaint filed by plaintiffs Marla Martins and others was dismissed due to their "refusal to comply with the directions" of the court.
Martins filed a seven-count complaint against Royal Caribbean after her daughter, Briana, died in August 2013 aboard the ship after becoming ill and suffering what Royal Caribbean medical staff stated as "a small bowel anastomotic perforation." Martins alleges Briana became sick from eating the ship's "bacteria-ridden food" and that the ship's medical personnel did not "properly diagnose" her illness and failed to have a "medical disembarkation" for Briana while the ship was docked in Haiti.
According to the court filing, throughout the litigation, Martins violated numerous court orders, failed to participate in the pre-trial conference, pre-trial stipulation and was "antagonistic and uncooperative"while opposing a $500,000 settlement proposed by her previous attorney.
Royal Caribbean argues that Martins “continues to waste the court’s time with frivolous, indecipherable filings."
U.S. District Judge Jonathan Goodman agreed and concluded that "Ms. Martins’ conduct has consistently evinced a lack of respect for the court and a heedlessness of the consequences of her actions."
Goodman ruled in favor of Royal Caribbean and allowed the cruise line to submit billing records and "cost-related documents" in order to move ahead with its attempt to obtain attorney fees and nontaxable costs.