The following is a real-time transcript taken as closed captioning during the oral argument proceedings, and as such, may contain errors. This service is provided solely for the purpose of assisting those with disabilities and should be used for no other purpose. These are not legal documents, and may not be used as legal authority. This transcript is not an official document of the Florida Supreme Court.

Carnival Corporation v. Darce Carlisle


WITH THAT I WOULD LIKE TO CALL THE NEXT CASE, WHICH IS CARNIVAL CORPORATION V ERSUS DA RCE CARLISLE. ARE YOU READY?

GO OD MORN ING. MAY IT PLEASE THE COURT. MY NAME IS RODOLFO SORONDO WITH HOLLAND & KNIGHT WITH ME IS MY CO-COUNSEL . WE ARE HERE BY A CERTIFIED QUESTION FROM THE THIRD DISTRICT COURT OF APPEAL AND THE QU ESTION READS WHETHER A C RUSE LINE IS VICARIOUS LY LIABLE FOR THE ACTION OF AMEDICAL DO CTOR CON DUKTED ONA SHIP'S PASSENGER.

CHIEF JUSTICE: CONDUCTED ON A SHIP'S PASSENGER.

CHIEF JUSTICE: WE ARE HERE NOT AS A JUDI CIAL COURTBUT FOLLOWING MARITIME LAW A S TO WHAT OUR OWN V I EW OF THE BEST POLICY IS .

WE ARE NOT HERE ON THE CERTIFIED QUESTION. THIS IS THE ONE THAT THE THIRD DISTRICT CERTIFIED. WE ASKED THAT T HERE BE JURISDICTION AND WHETHER THECOURT HAS JURISDICTION TO OVERTURN A SUBSTANTIVE ISSUE OF MARI TIME LAW THAT HAS BEEN SETT LED. THE THIRD DISTRICT CERTIFIED THIS ONE, AND I SUSPECT THEY WERE CONCERNED THAT THIS COURT MIGHT HAVE CONCERNED THAT THEY HAD NOT DIRECTLY PASSED ON THE QUESTION THATWE HAD SUG GESTED , ALTHOUGH CLEARLY IT I S IMPLICIT IN THE QUESTION THAT THEY HAVE DECIDED THIS ISSUE , BECAUSE THEY ANSWERED IT SUBSTANTIVELY .

WAS THE SUBJECT RAISED BEFORE THE THIRD DISTRICT AS TO WHETHER OR NOT THEY HAD JURISDICTION TO HEAR IT?

THE ISSUE , JUDGE, IS, REALLY , A SI STER I

THE ISH A S 26789 ERI IS, REALLY , A ST ERI DECISIC ISSUE.

BUT THIS ISSUE IS A CASE THAT YOU WANT TO HEAR THE ISSUE.

Y ES. I DON'T THIN K I AM TO BE SO PRESUMPTION TO STAND BEFORE THE COURT AND SAY YOU ARE STERI DECISIS.

IT IS THE THIRD DISTRICT ACTUALLY RELI ED ON A CASE F ROM A DISTRICT COURT THAT IS CONTRA RY TO WHAT YOU SAYIS THE SETTLED MARITIME LAW IN IN THIS ISSUE .

OBVIOUSLY THE B ODY OF LAW THAT WE HAVE PRESENTED TO THIS COURT AND TO THE THIRD DISTRICT GOES BACK TO 1887 , AND EV ERY COURT SAVE ONE AT THE TIME THAT THE THIRDDISTRICT HEARD THIS CASE HAD, RULED IN THE MANNER THAT IS NOW CONSID ERED OR REFERRED TO AS THE BARBETER RULE, WHICH IS THE F I FTH CIRCUIT CASE IN 1988, ANDTHAT IS THE THAT THE SHIP'S O WNER IS NOT VICARIOUS LYLIABLE FOR THE M EDICAL NEGLIGENCE OF THE SHIP BOARD PHYSICIAN. THE SOLE PO SITION WAS A CASE CALLED NIETEZ. MY CO-COU NSEL HAS CHARACTERIZED THAT OPINIONAS BEING THE OPINION FOR THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF CALIFORNIA. IT IS A SI NGLE DISTRICT OPINION . THESE DISTRICT S DO NOT S PEAK AS ONE FOR THIS COURT .

THAT WAS IN CALIFORNIA AND THAT CASE WAS NEVER APPEALED TO THE NI NTH CIRCUIT.

CORRECT. WE WEST-LAWED IT AND COULDNOT FIND THAT IT WAS SETTLED OR AN APP EAL WAS T AKEN.

IS THERE ANYTHING CONTRARY TO THAT CASE FOLLOWING THAT OPINION?

T WO CASES , THE G REAT NORTHERN AND

1918

THOSE WERE 1918 CASES , BUT THEY WERE THE LAW AT THE TIME THAT THE DISTRICT JUDGE IN NIETEZ RULED. SO THE DISTRICT JUDGE IN N IETES SPECIFICALLY IGNORED THE COMM AND OF HIS SUPERIORS AND EN TERED THIS ORDER , WHICH DIRECTLY CONTRAVENEDTHE HOLDINGS OF THE NINTH CIRCUIT IN THE K OREA BE RUT AND

THIS CAME OUT IN THE NINTH CIRCUIT?

IT CAME OUT IN THE NINTHCIRCUIT.

I AM TRYING TO UNDERSTAND AS REASO NING HERE THAT, THE CREW CAN BRING A MALPRACTICE CASE, IS THAT CORRECT?

THAT'S CORRECT.

DO YOU AGREE WITH THAT? ACTUALLY - -

A SPE CIALLY PROTECTED CLASS, A CONGRESSIONAL SPECIAL PROT ECTION. MAINTENANCE AND C URES.

ACT UALLY THE U.S. SUPREME COURT, WHICH SET THAT UP , DID NOT , R EALLY , DEAL WITH MEDICAL MALPRA CTICE STANDARD IN MARITIME LAW. IS THERE ANYTHING , LIKE WE HAVE CERT AIN PROCEDURAL HOOPS YOU HAVE GOT TO GO THROUGH TO ESTABLISH MALPRACTICE .

CHIEF JUSTICE: CAN WE TURN OFF THE SOUND. [NO AUDIO] [NO AUDIO] [ AUDIO DIFFICULTIES] [AUDIO DIFFICULTIES] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO] [NO AUDIO]