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Shipwreck Suit Nixed By Appeals Court

Feb 25, 2016 | Appeals/Post-Conviction Motions |

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.

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