{"id":132666,"date":"2023-10-25T03:12:19","date_gmt":"2023-10-25T03:12:19","guid":{"rendered":"https:\/\/bluemull.com\/?p=132666"},"modified":"2023-10-25T03:12:19","modified_gmt":"2023-10-25T03:12:19","slug":"ruby-princess-passengers-in-court-win","status":"publish","type":"post","link":"https:\/\/bluemull.com\/world-news\/ruby-princess-passengers-in-court-win\/","title":{"rendered":"Ruby Princess passengers in court win"},"content":{"rendered":"
A cruise liner which went ahead with a voyage that would lead to a major COVID-19 outbreak was negligent in its duty of care to passengers, the Federal Court has found.\u00a0<\/p>\n
But a passenger who sought to claim damages for personal injuries and distress as a result of contracting the illness on board has been unsuccessful.\u00a0<\/p>\n
Susan Karpik, a passenger on board the ill-fated Ruby Princess cruise that left 28 people dead from COVID-19 in the early days of the pandemic, was the lead plaintiff in a class action against Australian charter company Carnival.\u00a0<\/p>\n
Carnival trades under the Princess Cruises name and is the operator of the Ruby Princess, a Bermuda-registered vessel.\u00a0<\/p>\n
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A Ruby Princess cruise ship (pictured) which departed Sydney on March 8, 2020 quickly became one of the first major outbreaks of the virus suffered by Australians<\/p>\n
Ms Karpik sought damages for personal injuries, distress and disappointment to the value of more than $360,000.\u00a0<\/p>\n
Her individual claim revolved around the stress and disappointment caused by the illness of her husband Henry, who had to be placed in an induced four-week coma after contracting the virus, and his ongoing care.\u00a0<\/p>\n
In total, 663 positive cases were reported among the 2641 passengers, including 1679 Australians on board.\u00a0<\/p>\n
Twenty-eight people died during the outbreak.\u00a0<\/p>\n
The Ruby Princess sailed from Sydney for New Zealand on a 13-day round trip, but returned 11 days later when Australia’s borders were shut in the early days of the pandemic in March 2020.\u00a0<\/p>\n
Justice Angus Stewart found the cruise company knew or ought to have known about the heightened risk of COVID-19 infection on the vessel.\u00a0<\/p>\n
‘To proceed with the cruise carried a significant risk of a coronavirus outbreak, with possible disastrous consequences, yet they proceeded regardless,’ he said on Wednesday.\u00a0<\/p>\n
However, Justice Stewart found Ms Karpik did not suffer from long COVID and as a result did not meet the non-economic loss threshold required to recover personal damages.\u00a0<\/p>\n
She was successful on a claim for out-of-pocket medical expenses totalling $4,423 plus interest.\u00a0<\/p>\n
Justice Stewart found Ms Karpik was entitled to disappointment damages to compensate for the fact that the cruise was not a ‘happy and relaxing holiday’ as promised.\u00a0<\/p>\n
However, as Carnival had already refunded all passengers the cost of the cruise, the judge found the company had already satisfied this claim.\u00a0<\/p>\n