Florida Record

Thursday, August 22, 2019

Royal Caribbean subsidiary wins personal injury ruling in bad guacamole case; Plaintiff alleged hearing loss and fertility complications

Federal Court

By Marian Johns | Jul 30, 2019

MIAMI — A Royal Caribbean luxury cruise line subsidiary, Silverseas, has been awarded nearly $5,000 in litigation costs after it prevailed in a maritime personal injury case filed by a woman who alleged she was served guacamole that contained shellfish even after warning of her seafood allergy. 

According to the July 10 U.S. District Court for the Southern District of Florida filing, defendant Silversea Cruises LTD., filed a motion to tax costs against plaintiff Gurpreet Gil Maag.

Maag was aboard the Silverseas' Silver Cloud Ship in Norway in July 2017 when she became ill after she alleges she had a severe allergic reaction to shellfish that was in her guacamole after she said she informed the waiter of her shellfish allergy.  Maag also alleges that while in the ship's infirmary, a door was slammed, which caused hearing loss, headaches and caused her to experience "fertility complications." 

Maag's one count complaint alleged Silverseas failed to "properly prepare and serve" their food so that it would not cause illness, failed to supervise staff preparing the food as well as alleged negligence due to the "careless slamming" of a door in her "close proximity."

A court entered a summary judgment in favor of Silverseas in May 2019 due to Maag's lack of "sworn evidence" from medical experts to show Silversea's negligence had caused her injuries. 

Maag argued that some of Silverseas' $5,087.96 requested recovery costs and nearly $200 in copying costs were not all used for trial such as some delivery, handling, bundling, indexing and deposition charges for a witness not used in the case. 

U.S. Magistrate Judge Edwin Torres granted Silverseas' motion in part and denied in part. The court reduced Sileverseas' deposition costs to $4,709.70 and granted its full $195.40 requested for copying costs. 

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U.S. District Court Southern District of Florida Miami Division

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