COVID wrongful death suit against Princess Cruise Lines reinstated

A federal appeals court Monday reinstated a wrongful death lawsuit filed by the widow of a cruise passenger who died from COVID-19, ruling the cruise line had not established the deceased contracted the disease on the “high seas,” which would have pre-empted the claim.

Michael Dorety was exposed to COVID-19 while on a Hawaii cruise, according to the ruling by the 9th U.S. Circuit Court of Appeals in San Francisco in Susan Dorety et. al. v. Princess Cruise Lines Ltd.

His widow, Susan, filed a wrongful death suit in U.S. District Court in Pasadena, California, against Santa Clarita, California-based Princess.

The district court dismissed the case on the basis it was pre-empted by the Death on the High Seas Act, which applies when an individual’s death is caused by a wrongful act that occurs more than three miles from the U.S. shore. 

Ms. Dorety presented evidence showing her husband contracted the disease earlier, while in Hawaii’s territorial waters.

“The district court erred in concluding that Princess met its burden to show that Dorety contracted COVID-19 on the high seas,” the ruling said. 

“The district court looked to only two categories of evidence: evidence about Mr. Dorety’s symptoms and the average COVID-19 incubation period, and evidence about possible sites of exposure,” the decision said.

“This analysis failed to account for symptoms other than fever,” it said, adding that testimony showed he had symptoms of loss of appetite, fatigue, trouble breathing and a cough that were present before the fever developed.

“On an inconclusive record, the party who carries the burden of proof necessarily fails to shoulder that burden,” it said, in remanding the case for further proceedings.

Plaintiff attorney Leah M. Graham, a partner with Rusty Hardin & Associates LLP in Houston, said in a statement, “Mr. Dorety’s widow, Susan, looks forward to her day in court and believes a jury will hold Princess Cruise Lines accountable for its egregious misconduct.” 

Princess’ attorneys did not respond to a request for comment.