11th Circuit orders new trial in Carnival sexual assault case, overturning $12 million verdict
A unanimous panel of the 11th U.S. Circuit Court of Appeals vacated a $12 million judgment against Carnival Cruise Line and sent the case back for a retrial on the passenger’s assault and false-imprisonment claims.
A three-judge panel of the 11th Circuit unanimously reversed a district-court verdict that awarded more than $12 million to a cruise-ship passenger who alleged sexual assault and false imprisonment on Carnival’s Miracle in December 2018. The panel held that the trial judge erred by giving jurors a pre-determined finding of false imprisonment, which eliminated their role in evaluating the facts. It also concluded that the trial court wrongly excluded an FBI report that characterized the encounter as consensual, noting no basis to deem the report unreliable.
Consequently, the case is being sent back to the U.S. District Court for the Southern District of Florida for a fresh trial on the assault and confinement allegations. The plaintiff, identified as Jane Doe, was described as heavily intoxicated and unable to consent, while the accused crew member, Fredy Anggara, was fired by Carnival but not named as a defendant. The jury’s earlier rulings on negligence and emotional-distress will stand and not be revisited. Judges Barbara Lagoa, Kevin Newsom and Embry Kidd authored the opinion.
Why it matters
The ruling could reshape how courts handle jury instructions and evidence in sexual-assault lawsuits against large corporations.
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