McAlpin Tanner Marcotte receives arbitration award in favor of premier cruise line
In its latest victory, McAlpin Tanner Marcotte represented one of the world’s premier cruise lines against claims by a former crewmember arising from an alleged slip and fall accident onboard one of the cruise line’s ships. The crewmember claimed that his workplace was unsafe and that the ship was unseaworthy, causing his injury. He also claimed that the cruise line failed to provide him with prompt, proper, and adequate medical care and treatment, violating their maintenance and cure obligations. For the defense, McAlpin Tanner Marcotte highlighted the crewmember’s inconsistent testimony concerning the alleged incident, as well as discrepancies between the crewmember’s claimed injuries and medical records documenting his actual condition.
McAlpin Tanner Marcotte also argued that the crewmember failed to provide any evidence indicating a need for further medical treatment after his physician determined that he had reached maximum medical improvement, a determination that terminated the crewmember’s entitlement to maintenance and cure. After a three day arbitration which included extensive review of medical records and analysis of correspondence between the parties, the Arbitrator found that the crewmember was not credible. The Arbitrator ultimately adopted McAlpin Tanner Marcotte’s theory of the case and concluded that the cruise line had acted properly in all respects. A defense award (equivalent to a defense verdict) was issued in favor of the cruise line.