Passenger Dismisses Champagne Cork Lawsuit In Response To McAlpin Tanner Marcotte’s Motion For Summary Judgment
A passenger alleged she was hit in the eye with a plastic cork while her husband was opening a bottle of sparkling wine in their private cabin. The bottle was a gift from the cruise line for the couple’s wedding anniversary. Even though there were no crewmembers around when it happened, and the husband was the only one opening the bottle, the passenger sued the cruise line for negligence.
McAlpin Tanner Marcotte moved for summary judgment arguing there was no evidence to support the passenger’s negligent handling theory. Instead, the undisputed evidence showed that the passenger and her husband alone decided how, when, and where to open the bottle. The cruise line had no fault in causing the injury. Without even responding to the summary judgment motion, the Plaintiff voluntarily dropped her lawsuit. The cruise line did not have to pay anything to the Plaintiff.