The Italian Court has approved the class action case against Costa, filed on behalf of passengers on the March 5, 2020 Costa Luminosa voyage.
After three years, passengers who set sail on the Costa Luminosa in March 2020 will finally get their day in court.
Miami cruise ship attorney Michael Winkleman from Lipcon, Margulies & Winkleman, P.A. has been fighting on behalf of the passengers.
“This battle has been years in the making and we are thrilled with the Order of the Italian Courts as it will finally give our clients their day in court and enable them to recover damages related to this nightmare cruise,” Winkleman said in a press release.
“We already represent hundreds of the passengers who were injured, harmed, or died as a result of this cruise, but every other passenger on this cruise needs to act fast to join the class action,” he continued.
Passengers aboard the March 5, 2020, Costa Luminosa voyage have a right to join this class action and obtain compensation
According to Winkleman, when passengers expressed hesitation about traveling on the cruise, Costa Cruises misrepresented that the vessel was completely safe and that passengers would not be allowed to cancel their trip without forfeiting money they already paid.
Three days after the vessel left Ft. Lauderdale, the CDC issued a warning that “U.S. citizens, particularly travelers with underlying health conditions, should not travel by cruise ship.”
Yet, passengers onboard the Costa Luminosa were not advised of this.
Instead, passengers embarked across the Atlantic in a ticking time bomb, which resulted in numerous deaths. Our class action complaint against Costa Cruises seeks compensatory and punitive damages.
Joanne Preston, a Massachusetts resident who was on this cruise said, “Of the many cruises I’ve been on, this one had a life-altering effect on me. I was one of the people that was escorted off of the Costa Luminosa in Marseille, France ahead of everyone else, and then called ahead of everyone else getting off of the plane in Atlanta and then being informed that I had Covid. I was then detained for several days. It was extremely scary.”
The class action lawsuit against Costa Cruises
In April 2020, Lipcon, Margulies & Winkleman, P.A. filed a class action lawsuit in federal court in Florida against Costa Cruise Lines (aka Costa Cruises). The class action lawsuit alleged that Costa Luminosa set sail from Ft. Lauderdale on March 5, 2020, despite the fact that Costa Cruises knew at least one passenger from its previous voyage had shown COVID symptoms.
The U.S.-filed class action was ultimately dismissed because of a forum selection clause contained in the passenger ticket contract that said that any claims had to be brought against Costa Cruise Lines in Italy.
Now, three years later, the Italian Court has approved the class action case, in an order you can view here.
This means all passengers aboard this cruise have a right to join this class action and obtain compensation including reimbursement of the cost of the cruise as well as compensation based on unfair commercial practices and ruined vacations.
Any passenger who wants to join the class action must do so by September 15, 2023. If you were on this voyage and want to join the class, please click here and enter your information.
Costa Luminosa is now sailing as Carnival Luminosa
The former Costa Luminosa was transferred to sister cruise line Carnival, and has been sailing as Carnival Luminosa since November 2022.
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