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No Class Action in 'Rougue Wave' Case

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Jason

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No Class Action in 'Rougue Wave' Case

Judge Denies Class Action Status in Cruise 'Rogue Wave' Case

Source: Associated Press

MIAMI (AP) -- A federal judge has denied class-action status in a $100 million negligence lawsuit filed by passengers aboard a cruise ship that was struck by a 70-foot rogue wave in April 2005.

The decision by U.S. District Judge Cecilia M. Altonaga means that the lawsuit will not automatically cover the more than 2,000 passengers who were aboard the 965-foot Norwegian Dawn when it encountered heavy seas off South Carolina.

In a 20-page decision filed earlier this month, Altonaga said that not all passengers suffered equally in the incident and many have said they suffered no injury at all.

"We are pleased and gratified by Judge Altonaga's decision that the lawsuit is not appropriate for class action status," Norwegian Cruise Line CEO and President Colin Veitch said in a statement Tuesday.

The wave, which reached as high as deck 10 of the liner, broke windows, flooded cabins and sent furniture flying inside the ship. Four passengers suffered cuts and bruises, but there were no serious injuries.

The National Transportation Safety Board concluded in December that the ship's captain and crew acted properly during the April 16, 2005 incident. The ship was heading from Miami to New York.

Brett Rivkind, attorney for more than 400 plaintiffs in the case, said the decision on class status means that "each of the plaintiffs need to prove their damages on an individual basis. There will be a trial. We continue to feel confident that we're going to prevail."

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