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  • This file photo shows an Italian firefighter being lowered from a helicopter onto the grounded cruise ship Costa Concordia off the Tuscan island of Giglio, Italy, early this year. Associated Press file photo

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September 12, 2012

U.S. lawsuits target Carnival Corp.

Legal obstacles could force suits to be moved to Italy

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FORT LAUDERDALE, Fla. (AP) — Despite legal obstacles that might force them to sue in Italy, hundreds of Costa Concordia passengers and up to 1,000 businesses on the island where the capsized cruise ship ran aground are pressing ahead with U.S. lawsuits seeking millions of dollars in damages from Miami-based Carnival Corp.

The lawsuits filed in both federal and state courts contend that Carnival is the corporate parent of the Costa brand, which operated the vessel, and is ultimately responsible for any safety violations, negligence or recklessness that may have led to the Jan. 13 accident that claimed 32 lives. Investigators say the ship rammed a reef while passing too close to Giglio Island, off Italy's Tuscan coast.

"Costa Cruise Lines is the alter ego of Carnival," said Edward Ricci, whose lawsuit seeks to represent Giglio Island tourist-related businesses that claim the disaster deterred visitors, polluted environmentally sensitive local waters and depressed property values.

Even though the Costa Crociere subsidiary is based in Genoa, Italy, and the Concordia itself never sailed to a U.S. port, Ricci contends that it and Carnival's other brands all answer to its Miami headquarters. Carnival, he noted, announced a company-wide audit of safety practices after the disaster that is being overseen by Miami-based executives.

"It is from this headquarters that the tragic crash of the Costa Concordia could have been prevented by insisting on better training of officers, safer operation and navigation of ships, and elimination of the reckless practice of 'sail-by salutes,'" Ricci said in court papers, referring to evidence that the Concordia's captain sailed too close to the island on purpose for publicity and to impress passengers.

Similar claims are made in at least four other lawsuits, one of them filed last week that represents 155 passengers from 14 countries, including some U.S. citizens. All together the lawsuits seek tens of millions of dollars in damages from Carnival, which is the world's largest cruise line.

A Carnival spokeswoman said the company would not comment on pending litigation beyond the court filings.

In those court documents, Carnival contends that the Italian Costa line is a separate corporate entity and that any lawsuits should be filed in Italy. Lawyers for Carnival say the company does not own the Concordia and does not manage Costa's day-to-day activities.

"This is an Italian dispute and should be tried in an Italian court," said Thad Dameris, representing Carnival in the case involving Giglio Island businesses. "This case has no real connection to the United States."

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