Cruise Passenger Wins Verdict After Consuming 14 Shots and Suing Carnival

A Miami federal jury found Carnival Corp. negligent on April 10 and awarded $300,000 to a passenger. The ruling was entered on the court docket on April 13.

The passenger is Diana Sanders, a 45-year-old nurse from Vacaville, California. She was aboard the Carnival Radiance on Jan. 5, 2024.

The decision is a rare example of a Cruise Passenger Wins Verdict After Consuming 14 Shots scenario. In the case, the passenger was Suing Carnival over alleged overservice.

Incident details

Court documents state Sanders consumed at least 14 shots of tequila. The drinks were served between about 2:58 p.m. and 11:37 p.m.

The complaint says the service spanned roughly eight hours and thirty-nine minutes. Later that night Sanders suffered a severe fall.

The fall occurred between about 11:45 p.m. and twenty minutes past midnight. Her reported injuries included a concussion and headaches.

Additional injuries listed were a possible traumatic brain injury, back and tailbone injuries, and bruising. The complaint described other related harms.

Jury findings and damages

A six-person jury held that Carnival had a duty to exercise reasonable care for passenger safety. The jurors found Carnival liable for negligent overservice.

The jury allocated fault at 60 percent to Carnival and 40 percent to Sanders. The award of $300,000 exceeded the $250,000 the plaintiff’s team initially sought.

Spencer Aronfeld, the plaintiff’s attorney, said the verdict surpassed the trial demand in an interview with the Miami Herald. Aronfeld is the founder of Aronfeld Trial Lawyers in Coral Gables.

Legal arguments and next steps

Carnival sought dismissal during 17 months of pretrial proceedings. The company argued Sanders failed to identify which crew member or bar served her.

Carnival also contended there were no specific allegations that crew knew she was intoxicated. The company noted a lack of alleged stumbling or slurred speech, according to filings.

A Carnival spokesperson said the corporation respectfully disagrees with the verdict. The company told the Miami Herald it will pursue a new trial and an appeal.

Industry context

The plaintiff’s complaint criticized ship design for concentrating alcohol stations. It said the carrier encourages and facilitates onboard alcohol sales to maximize revenue.

The case follows other litigation over onboard alcohol service. Last year, a lawsuit alleged a Royal Caribbean guest received 33 drinks in under 12 hours before his death.

The verdict is notable because few overservice claims reach trial. Aronfeld noted many such cases settle before reaching a jury.

The case now moves toward post-trial motions and potential appellate review. Filmogaz.com will follow developments as appeals proceed.