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Subject: NCL cleared in 'rogue wave' case Posted on: Sat, 9 Jun 2007 14:00:30 -0400

NCL cleared in 'rogue wave' case

A jury has found Norwegian Cruise Line (NCL) not guilty in the class-action
case stemming from the 2005 "rogue

wave" strike on the Norwegian Dawn. The case of Conigliaro, et al v. NCL was
filed on 14 June 2005, following a

direct hit on the Dawn by a 21m-high rogue wave on the morning of 16 April
2005. Only minor injuries were reported

but a "large volume of water" breached broken windows and spread to 62
cabins. Plaintiffs had claimed breach of

contract and intentional or reckless infliction of emotional distress. They
had argued that NCL consciously sailed into

the storm and that the type of wave encountered "should have been
anticipated". After two years in the US District

Court of Southern Florida, a jury has absolved NCL of any liability after
just two hours of deliberations. The National

Transportation Safety Board had cleared NCL in December 2005. NCL president
Colin Veitch noted that the company

had always maintained that the lawsuit existed only in the minds of the
plaintiffs' lawyers. "This verdict confirms our

belief."



(per Piet Sinke newsletter)