Tello v. Royal Caribbean Cruises, Ltd.
United States District Court for the Southern District of Florida
939 F. Supp. 2d 1269 (2013)
Margarita Tello (plaintiff) and her son Jose were cruise-ship passengers; after becoming intoxicated, Jose got lost trying to return to his cabin, attempted to climb down to a lower deck, fell into the water, and drowned, all without Margarita present. The next day, after reviewing security footage, the ship's captain told Margarita her son had died by suicide, which was later shown to be incorrect; as a devout Catholic who believed suicide condemned him, Margarita suffered severe emotional distress from believing her son had gone to hell. She sued Royal Caribbean Cruises, Ltd. (defendant) for negligent and intentional infliction of emotional distress, and Royal Caribbean moved to dismiss.
Whether a plaintiff who did not witness an accident and suffered no physical impact or injury can maintain a claim for negligent infliction of emotional distress, and whether a captain's mistaken but sincere statement about a death can support intentional infliction of emotional distress.