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Law360 (May 13, 2020, 9:35 PM EDT) -- A New York couple who spent March aboard a cruise ship filed a proposed class action Wednesday against Celebrity Cruises Inc. in Miami federal court, alleging that despite the rapid spread of COVID-19 the company knew it was putting passengers' lives at risk as its crew served up buffets, held dances and packed its decks for a salute to health workers treating the disease.
Fred and Marlene Kantrow claim in their suit — which included photographic evidence of the activities — that among the roughly 2,500 passengers and 750 crew members they sailed with in March aboard the Celebrity Eclipse, at least 45 individuals have since tested positive for the coronavirus, and at least two have died.
When the Kantrows embarked on the cruise on March 1, they said, they expected they would spend two weeks on the ship, sailing from Argentina to Chile before heading home.
But Chilean officials refused to allow non-Chilean passengers to disembark at their would-be final destination, the couple said in their suit. The passengers ultimately remained aboard the Celebrity Eclipse until March 30, when it reached port in San Diego. By the time they set foot on solid ground stateside, the novel coronavirus had been identified by the World Health Organization as a pandemic.
The couple alleged that as early as March 2, the day after the cruise commenced, someone on board began displaying "symptoms consistent with a positive COVID-19 diagnosis."
Despite signs that there might be a coronavirus patient on board, the Kantrows said, nothing changed on the Celebrity Eclipse. Diners ate from buffets. Dancing and other social programming went on as originally planned, and the crew even held an elbow-to-elbow salute to health care workers battling the disease.
"Celebrity did not enforce any physical distancing measures during the event," the couple noted, and photos included alongside their allegations show decks thronged with people during the salute, including five individuals wearing what appear to be chef's hats.
The Kantrows claim that Celebrity Cruises knew or should have known weeks before they set sail that such a voyage would be ill-advised in light of rapidly changing guidance on managing the "explosive contagiousness" of the virus.
But in lieu of decisions that could have saved lives, the Kantrows said, the company proceeded anyway, even as outbreaks aboard other cruise ships highlighted the heightened health risks the illness presents in a cruise setting.
And "Celebrity actively attempted to pacify passengers in the midst of the COVID-19 outbreak aboard the vessel by offering them complimentary alcoholic beverages and otherwise downplaying the severity of the COVID-19 outbreak that was ravaging the vessel, its passengers and crew during the subject voyage, such as by lying to passengers that even as late as March 28, 'all guests onboard remain healthy and happy,'" the Kantrows added.
The proposed class action is one of many faced by cruise companies amid revelations about the spread of the virus, and the suit cites Centers for Disease Control guidance on the virus that was issued Feb. 13, which the Kantrows say should have more meaningfully informed Celebrity's decision-making.
And as early as Feb. 5, the couple claims, the company could have reacted more responsibly as news broke that the Diamond Princess, a cruise ship in waters off Japan, was quarantining with 10 coronavirus-stricken people aboard.
The suit accuses Celebrity of negligence and inflicting emotional distress.
Michael Winkleman, a Florida attorney representing the Kantrows and the proposed class, said in a statement provided to Law360 on Wednesday that "Despite knowing that Covid-19 was likely present aboard the vessel, Celebrity failed to follow even the most basic safety precautions after acquiring such notice, such as timely quarantining passengers and crew members aboard the vessel, timely providing passengers and crew members masks and/or timely requiring them to observe physical distancing measures."
"Remarkably, at no time during the subject voyage, did Celebrity enact quarantine and/or physical distancing measures amongst passengers and/or crew members aboard the vessel," he emphasized.
Representatives for Celebrity did not immediately respond to a request for comment on Wednesday.
The Kantrows and the proposed class are represented by Jason R. Margulies, Michael A. Winkleman, Jacqueline Garcell and L. Alex Perez of Lipcon Margulies Alsina & Winkleman PA.
Counsel information for Celebrity was not immediately available on Wednesday.
The case is Kantrow et al. v. Celebrity Cruises Inc, case number 1:20-cv-21997, in the U.S. District Court for the Southern District of Florida.
--Editing by Michael Watanabe
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