HAMILTON, MILLER & BIRTHISEL ATTORNEYS
 PREVAIL IN WRONGFUL DEATH CLAIM

Plaintiffs filed suit against the defendant cruise line in federal court alleging that they failed to properly diagnose and timely medically disembark a passenger after he allegedly fell in his stateroom and sustained injuries. The passenger was landed in Italy for medical treatment, where he unfortunately died 17 days later.
 
HMB attorneys filed a motion to dismiss the plaintiffs' 18 count claim arguing, among other things, that the Plaintiff's claims for state wrongful death remedies were barred by DOSHA and that their agency and apparent agency claims for the medical treatment were not viable.  The court agreed and dismissed 17 of plaintiffs' 18 counts and found that the plaintiff was barred from seeking non-pecuniary damages and was not entitled to a jury trial.
 
The court noted that DOSHA was applicable to the action and reasoned that all alleged acts contributing to the death of the decedent occurred on the high seas and outside the territorial waters of the Untied States.  The court also found that a cruise line was not vicariously liable for the negligence of its ship's medical staff in the care and treatment of passengers.
 
The court dismissed the plaintiff's request to amend the complaint to add a cause of action for emotional distress on behalf of the decedent, denied amendment to invoke the court's diversity jurisdiction, and to add a cause of action under Italian law and the flag of the vessel.  The court also struck plaintiff's request for a jury trial.