PLEASE NOTE: To protect your safety in response to the threats of Covid-19, we are offering our clients the ability to meet with us in-person, via telephone, or through video conferencing. Please call our office to discuss your options.

Tampa 813-345-4909 | En Español 813-390-2494
Orlando / Miami / West Palm Beach - 888-496-5916

Shipwreck Suit Nixed By Appeals Court

A Florida appeals court has squashed a lawsuit brought forth by a group of Floridians who were impacted by the Costa Concordia shipwreck off the coast of Italy in 2012.

This goes to show just how difficult the appeals process can be, even when the facts seemingly point toward a successful appeal.

"Although the parent company of a sunken ocean liner is based in Miami and five plaintiffs are U.S. residents, a Florida appeals court last week nixed a U.S. lawsuit over the fatal 2012 shipwreck.

Because the Costa Concordia struck a coral reef off the Italian island of Giglio, the 3rd District Court of Appeal dismissed a Miami-Dade Circuit Court lawsuit by 57 plaintiffs on forum non conveniens grounds, according to the Daily Business Review (sub. req.) and the Miami Herald (sub. req.).

Allowing the case to proceed in Florida would be unjust to Carnival Corp. and other defendants because almost all the evidence and witnesses are located in Italy, said the court in its unanimous written opinion. "The wreckage, voyage data recorder, bridge voice recorder, ship cameras and the vessel's electronic navigation system are all in the custody of Italian authorities."

If that information makes appeals seem complicated to you, that's because they are. If you are looking to appeal a court decision or a criminal conviction, you need a knowledgeable attorney on your side with experience in this complex area of practice.

Get in touch with us at O'Brien Hatfield, PA for all of your appeal and post-conviction legal needs.

No Comments

Leave a comment
Comment Information
Mark J. O'Brien's cases have been featured in:
The New York Times | The Miami Herald | Bay News 9 | abc 7 | The Boston Globe | USA Today | Tampa Bay Times | FOX News Channel | The Washington Post | abc Good Morning America | Chicago Tribune | NT News Talk Florida | St. Petersburg Times | Deadspin
“Mark, thank you for everything. I will forever be indebted to you. You have stood by me and believed in me when it was not the popular thing to do. You are an amazing advocate.” Adam Filthaut
  • Former Partner at the Law Firm of Adams and Diaco (Robert Adams and Stephen Diaco)
  • MJ (Todd Schnitt) Morning Show/Bubba the Love Sponge Clem Trial
  • Attorney Phil Campbell DUI Setup/Florida Bar Trial
More Testimonials
American Association for Justice National Association of Criminal Defense Lawyers | NACDL 1958 Florida Association of Criminal Defense Lawyers | FACDL Super Lawyers AVVO | See Reviews LC | Lead Counsel Rated
Best Criminal
Defense Lawyers
in Orlando