Attorneys for Royal Caribbean Cruises, Ltd. are pursuing a Jones Act negligence defense by removing the case to federal court. The plaintiff has pleaded Jones Act negligence and an unseaworthy vessel. They are seeking lost wages, general damages and special damages. The plaintiff is an assistant waiter. Hired from Turkey, the plaintiff worked 10 to 14 hours per day only earning $50 per month, plus tips. He served for 10 months on Royal Caribbean "Brialliance of the Seas" cruise ship, where he was required to repeatedly lift and carry heavy trays. He was also required to work at a hurried pace, all of which contributed to severe back and leg pain. The plaintiff in this case may anticipate jurisdictional problems. Many cruise ships fly under foreign flag vessels thereby rendering the case subject to dismissal. Here since the injured party appears to be a Turkish national this may be a problem that must be overcome by the plaintiff.
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