Romero v. Carnival Cruise Lines
"Cruise Ship Assault Trial"
For Samantha and Emilio "Tony" Romero's 10th wedding anniversary, they planned the honeymoon they never had --- a vacation aboard Carnival Cruise Lines. But celebration turned into nightmare when a Carnival employee allegedly drugged the couple and sexually assaulted Samantha in her cruise cabin.
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The Romeros on Carnival's "Fun Ship."
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Now the Romeros want to get back at Carnival for ruining their anniversary.
On January 25, 1997, the Romeros flew from their home in Texas to San Juan, where they boarded the Carnival ship "Fascination." They spent the next five days participating in various organized events on and off the ship. Fascination docked in Aruba on January 30, and after a day of snorkeling and shopping, the Romeros returned to the ship around 5 pm and spent three hours at the bar before going to dinner. Samantha ordered both strawberry and virgin daiquiris; Tony consumed five rum punches and three shots of rum. Hours before drinking at the ship's bar, the Romeros had consumed rum punch during their activities off the ship hours earlier. The Romeros insist that the drinking occurred over several hours. They say they ate adequately and did not feel the effects of the alcohol.
However, some cruise employees disagree with the Romeros. One bartender contends that Samantha was so drunk, she created a scene by going behind his bar and pulling off his suspenders. He says that Samantha also tried to grab some bottles and shouted, "Anybody want a drink?" Allegedly, security guards were called to escort Samantha out from behind the bar.
Samantha insists that she was never unruly and that she never took the bartender's suspenders against his will. She says she took the bartender's suspenders as part of a scavenger hunt game in which the bartender and security guards willingly participated.
At dinner time, the Romeros say they tried to provide humor by attending the formal dinner in their casual attire --- Samantha in her bikini top and shorts and Tony in his shorts and tank top. Apparently, they wanted to entertain their assigned dinner companions, who had been boisterous during the previous evenings. But when they sat down, the maitre d', Ante Buljat, told them that they had to return to their cabin and change into more appropriate attire.
Nearly an hour later, the Romeros returned to the dinner, but neither Samantha nor Tony were very hungry. Tony ordered no food while Samantha only had ice cream. But the couple did order drinks from headwaiter Ashton Sylvester, who brought Samantha an iced tea and Tony a rum punch. Samantha only drank half her iced tea while Tony finished his punch. The plaintiffs claim that they began feeling dizzy after consuming these drinks and left the dining room for their cabin shortly afterwards. Samantha claims that she was not intoxicated at all, but Tony claims he had had "a little too much" to drink. However, one person who sat at the dinner table with the Romeros claims that they were "obviously drunk."
What happened after the Romeros left the dining hall is disputed. According to Samantha, Tony crumpled to the floor while they took the elevator back to their cabin. When the elevator door opened, Samantha says she saw Sylvester, who offered to help her bring Tony back to the cabin. At the room, the Romeros could not find their electronic key card, so Sylvester summoned the Romeros' cabin steward, Nino Espayos, to open the door. Sylvester allegedly deposited Tony by the side of the bed and left. Samantha removed her clothes and went to bed.
Sylvester denies ever encountering the Romeros or helping them back to their cabin. Espayos says he never saw Sylvester encounter Romeros and claims that he saw the couple as they were trying to get into their cabin. According to Espayos, both Tony and Samantha seemed intoxicated and were giggling; Tony was standing on his own. Espayos says Tony took his electronic card key out of his pocket, let himself in, and shut the door behind him, leaving Samantha in the hallway. Espayos then let Samantha into the cabin.
Samantha remembers waking up to severe pain in her vaginal area and feeling something inside her. At first, she thought it was Tony, but then she saw him still slumped against her bed. Samantha claims she noticed a tall, dark shadow stand up at the foot of her bed and walk towards the bathroom. As the figure approached the light of the hallway, she heard him zip up his pants and saw his tuxedoed uniform --- which resembled Sylvester's uniform. And, Samantha claims, like Sylvester, the alleged assailant sported a rounded flattop.
Tony remained asleep the entire time. Samantha tried to awaken him but was unsuccessful. She then went to the bathroom, vomited, showered, and turned on all the lights. When Tony awakened, he crawled into bed with her and immediately fell back to sleep.
Hours later, Tony awakened, and Samantha finally had a chance to tell him about the incident. When Samantha described her assailant, Tony said, "It sounds like Sylvester." The Romeros also discovered that their extra room key had been moved from its usual place. They felt nauseous that morning; Tony says he felt as if he were overcoming the effects of anesthesia. The Romeros believe that they were feeling the effects of a "date rape" drug such as Rohypnol.
The Romeros contacted cruise officials, and eventually security guards arrived at their cabin. In her written statement, Samantha described her attacker as a tall black man but did not name Sylvester. Ship officials allegedly questioned Sylvester three times that day about the incident, but he denied committing the assault.
Later that day, Samantha visited the ship's doctor, complaining of pain while urinating. The doctor allegedly gave her a blank doctor's report to sign and did not perform a physical exam. Samantha says the doctor allegedly told her, "I can do a rape kit now, but you'll just have to go through it again when we dock in San Juan. So why don't you just wait?" The defense claims it was Samantha's decision to forego the examination.
The Romeros were transferred to another cabin, where they spent the remainder of their cruise. When the ship docked in San Juan, they tried to report the incident to the San Juan police but were told Puerto Rico did not have legal jurisdiction. Puerto Rican authorities told the couple to contact the FBI. The Romeros never did.
Shortly the Romeros' transfer, Carnival employees cleaned their first cabin, and according to the plaintiffs, potential evidence was destroyed. Angered by their treatment and Carnival's alleged uncooperation in the investigation, the Romeros turned to a local civil attorney, who referred them to their trial attorney, Herb Schwartz.
The Romeros sued Carnival for damages, alleging that the cruise line violated its contractual obligation to provide safety on their trip. They maintained that the company is responsible for the actions of its employees. However, Carnival claimed that Sylvester could not have committed the alleged assault because his responsibilities as a supervisor prevented him from leaving the dining room. Carnival also suggested that the "foggy" feeling the Romeros had on the evening of the alleged incident came from a day of too much drinking.
In addition, the defendant pointed out, the Romeros did not specifically identify Sylvester as their assailant until after they filed their civil suit because their case depended on proving that he assaulted them.
Sylvester was never arrested for the alleged assault; he is still employed by Carnival. The Romeros sought damages exceeding $15,000.
The Outcome
After both sides rested during trial, the Romeros and Carnival settled the suit for an undisclosed amount. The agreement was reached before both sides presented closing arguments.
--Bryan Robinson
Reported by Court TV's Eleanor Yu
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