Was it this guy?

Apparently not dangerous enough.

After being dismissed, his case was considered to be sleeping with the fishes.

Someone needed to warn him that waves like this might be dangerous? Idiot.

What he saw before being "swallowed and tossed". Too bad he didn't stay in the protected cove or have common sense.

"In moving for summary judgment, Holland American presented evidence that in 27 years of sailing to Lover's Beach, Samuels was the first passenger to be injured, and that some 96,000 cruise-line passengers visited Cabo San Lucas in 2008 without incident."

In other words: "You're so dumb, you tripped over a cordless phone"

Lasnik, however, struck the material portions of those declarations, saying the experts failed to support their opinions with evidence from any industry source. He also noted that one of the experts had left the cruise industry years earlier and presented no evidence of industry practices since that time, and that the other had never worked for a cruise line and never explained what made her qualified to opine on the dangers of Lover's Beach.


Sounds like something out of family guy

"high-functioning quadriplegic with significant pain and mobility limitations"

that describes most Americans.

/do all stores have a stable of 'rascals'?

So what exactly is a high-functioning quadriplegic with significant pain and mobility limitations, Does that mean he's stoned all the time?

I love it when mother nature teaches dumb humans a lesson...

Gaylord Fister: In other words: "You're so dumb, you tripped over a cordless phone"

Or: So stupid he could fall into a vat of tits and come out sucking his thumb.

Why didn't Natalie Wood take a shower on the boat?

...But did he get drunk and drop the anchor?

fusillade762: Why didn't Natalie Wood take a shower on the boat?

I thought the question was "What kind of wood doesn't float?"

JohnCarter: So what exactly is a high-functioning quadriplegic with significant pain and mobility limitations, Does that mean he's stoned all the time?

I think it means he's not really a quadriplegic.
He can move some but it hurts.

Too bad he lived... Darwin Award would be appropriate

hmmmm
appears to be a local outbreak of sanity there

i wonder what caused it??

diaphoresis: Too bad he lived... Darwin Award would be appropriate

Shark snack.

Ivan Denisovitch: fusillade762: Why didn't Natalie Wood take a shower on the boat?

I thought the question was "What kind of wood doesn't float?"

She preferred to wash up on shore.

I like mine better.

fusillade762: Ivan Denisovitch: fusillade762: Why didn't Natalie Wood take a shower on the boat?

I thought the question was "What kind of wood doesn't float?"

She preferred to wash up on shore.

I like mine better.

I like yours better, too.
Just hadn't heard it before.
Now I know.
Thanks.

Sandy Beach in Hawaii, otherwise known as the "the beach of broken necks" (new window)

Kanemano: Sandy Beach in Hawaii, otherwise known as the "the beach of broken necks" (new window)

I grew up playing in those waves.

Between that, Waimea bay, Hanauma bay's various lava tubes, Nuuanu Falls, or jumping off the Kuhio pier at low tide... I'm surprised I'm still alive.

/all before the age of 13
//it got worse after that
///now I enjoy relaxing slashies

Bob?!?!?

A lot of frivolous lawsuits wouldn't even get filed if it were so that every plaintiff who looses were required to compensate the defendant for the cost of defending themselves as well as court costs. The threat of that would cause plaintiffs to not file to start with unless they have a good case

So his case didn't hold any water.

Don't you as a vacationer have a even small responsibility/curiosity to research the places that the cruise line is taking you?

Even if they had a sign that said the beach in question had big waves, how would the cruise line be responsible for mother nature?

bindlestiff2600: hmmmm
appears to be a local outbreak of sanity there

i wonder what caused it??

Probably not being a fatty in flyover country.

Wife managed a travel agency. A honeymoon couple tried to sue the agency for a refund because the wife sat out in the sun topless and burned her breasts. Claimed they weren't warned of the sun strength in the Caribbean. Bonus: the husband claimed it "ruined his honeymoon".

/they failed
//DRTFA

Big Cheese Make Hair Go Boom: Don't you as a vacationer have a even small responsibility/curiosity to research the places that the cruise line is taking you?

Even if they had a sign that said the beach in question had big waves, how would the cruise line be responsible for mother nature?

The current crop of Americans have no responsibility to do anything, anywhere, at any time. Everything is always someone else's fault, and there's no such thing as contributory negligence. At all.

Ball of Confusion: there's no such thing as contributory negligence.

Actually, he's just looking for some percentage of responsibility. Let's say the cruise line is found to be 1% responsible. Well, suddenly the "pain and suffering" from the injury would be worth 100 million dollars; and the cruise line has to pony up $1 million.

Judge should get a hero tag for coming up with a common-sense ruling, rather than the standard idiocy that has been coming out of the legal system lately.

Hey someone post whatever ruling was
paralysis is serious injury....

Expert testimony not in written summary? gotta make this up myself????

Tuesday, September 6, 2011

Page 1

Cruise Line Not to Blame for Swimming Mishap, Appeals Court Rules

By a MetNews Staff Writer

A cruise line had no duty to warn a passenger of the potential danger of swimming at a popular beach near the port where his ship was docked, the Ninth U.S. Circuit Court of Appeals ruled Friday.
Judges upheld a ruling by Chief U.S. District Judge Robert Lasnik of the Western District of Washington, who granted summary judgment to Holland American Line-USA in a suit by Gerald E. Samuels.
Samuels sued in the Seattle-based court after he was after he was swallowed and tossed by Pacific Ocean waves at Lover's Beach in Cabo San Lucas while on a seven-day cruise with his teenaged children in November 2008. Waves knocked Samuels down as he waded, chest-deep, into the Pacific side of the beach, which sits at the tip of the Baja peninsula beside the Sea of Cortez, he alleged.
Serious Injuries
Samuels hit his head on the ocean floor and had to be rescued by bystanders since there were no lifeguards. Doctors have classified Samuels as a "high-functioning quadriplegic with significant pain and mobility limitations," the court said.
Samuels claimed that he went to Lover's Beach at the recommendation of unnamed employees of the cruise line, and that he should have been warned of the potential danger.
In moving for summary judgment, Holland American presented evidence that in 27 years of sailing to Lover's Beach, Samuels was the first passenger to be injured, and that some 96,000 cruise-line passengers visited Cabo San Lucas in 2008 without incident.
Two travel industry experts submitted declarations on behalf of the plaintiff, saying the dangers of Lover's Beach were sufficiently well-known in the industry that a warning should have been given.
Experts Rejected
Lasnik, however, struck the material portions of those declarations, saying the experts failed to support their opinions with evidence from any industry source. He also noted that one of the experts had left the cruise industry years earlier and presented no evidence of industry practices since that time, and that the other had never worked for a cruise line and never explained what made her qualified to opine on the dangers of Lover's Beach.
Sixth Circuit Senior Judge Ronald Gilman, writing for the Ninth Circuit and sitting by designation, said that the district judge did not abuse his discretion in striking parts of the declarations. Stripped of the expert's opinions, he said, the plaintiff failed to support his claim of a legal duty.
The evidence, Gilman said, failed to show "that Holland American knew or should have known that the Pacific Ocean side of Lover's Beach was so dangerous that it needed to warn passengers not to swim there."
Judges Richard Clifton and N. Randy Smith concurred.
The case is Samuels v. Holland American Line-USA Inc., 10-35933.