Morgan & Morgan Client Alleges NY Law Firm Sank Cruise Case With Missed Deadline
The plaintiff claims her former attorney didn't drop her personal injury case until she could no longer sue Royal Caribbean Cruises Ltd., thanks to a one-year statute of limitations.
October 17, 2019 at 03:02 PM
4 minute read
The original version of this story was published on Daily Business Review
An Israeli tourist who had hoped to sue over a nasty fall aboard a Royal Caribbean Cruises Ltd. ship has retained Morgan & Morgan attorneys in West Palm Beach to accuse her former New York counsel of legal malpractice for allegedly missing a deadline to file suit, barring her claims forever.
It's "an attorney's most basic task," according to 61-year-old Isabelle Cohen's complaint, which claims she's suffered complex regional pain syndrome, or CRPS, in her right hand since slipping on some spilled liquid in the ship's dining room. The syndrome is said to develop after an injury as a result of damaged or malfunctioning nerves.
The accident happened in November 2017, and in February 2018 the plaintiff retained New York personal injury firm Daniella Levi & Associates on a contingency-fee basis. But the complaint claims Levi sent her a letter terminating representation five months after the statute of limitations had expired.
South Florida is the nation's hub for cruise ship litigation, as most major cruise lines are headquartered in Miami and include forum selection clauses on tickets.
Any claims against Royal Caribbean have to be brought within one year, according to the complaint, which meant Cohen had until November 2018. But the defendant firm didn't drop Cohen until March 2019 and allegedly never hinted beforehand that it wasn't going to file a lawsuit.
"After careful consideration and investigation of the facts and circumstances of your accident, we regret that we CANNOT represent you in this matter," the letter said. "Should you desire to consult with another attorney, you should do so IMMEDIATELY. Please be advised that you have a STRICT AND LIMITED TIME PERIOD within which to commence a lawsuit."
While Florida's personal injury statute allows four years to file a lawsuit, maritime law gives injured passengers just one year. It's a notoriously small window of opportunity, according to attorneys in the industry, who say they're often scrambling to get records with just a few months to file a lawsuit.
Defendant Levi & Associates did not immediately respond to a request for comment.
Jared A. Levy and Aiman Farooq of Morgan & Morgan are handling the plaintiff's case.
"This lawsuit is an effort to right two wrongs suffered by our client—both of which were due to no fault of her own," Levy said. "Had the underlying personal injury case been filed properly, we believe our client would have been entitled to significant damages. We seek to recover the same amount that would have been awarded in the case that should have been filed against the cruise line."
The lawsuit claims Cohen had surgery to help correct her pain, but that it's only gotten worse since then. Doctors have recommended more surgery, but the complaint alleges that would "render her hand useless."
Cohen had expected to recover significant damages before her case disintegrated, according to the suit, which seeks damages, costs and attorney fees for alleged professional negligence and breach of fiduciary duty.
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