Judge quashes cruise passenger’s USD21.5 million award
A judge in Seattle has thrown out a $21.5 million award to a cruise passenger who claimed serious injury after being hit by a sliding door on a Holland America round the world cruise.
A jury awarded James R. Hausman the compensation late last year but US District Judge Barbara Rothstein has ordered a retrial after deciding Hausman’s story contained ‘grave inconsistencies’.
Hausman’s former personal assistant came forward after the trial to say he had deleted emails that could have compromised his case.
Hausman sued Seattle-based Holland America Line in 2013 after being struck by a sliding door claiming he suffered from dizziness and seizures as a result.
However, his personal assistant Amy Mizeur gave post-trial testimony stating her former boss deleted emails that should have been passed to the Holland America legal team before the trial.
Rothstein found enough credibility in Mizeur’s story to quash the original verdict and order a retrial.
Speaking of Hausman’s testimony at the original trial, Rothstein wrote: "As a witness, he came across evasive and untrustworthy. He appeared to weigh each answer, not for its truthfulness, but to assess whether it would damage his case. Mr Hausman also seemed to capitalize on his alleged brain injury when it was convenient for him."
The judge said some emails which were recovered ‘cast doubt on his veracity’.
By deleting emails, Hausman ‘substantially interfered with defendants’ ability to fully and fairly prepare for and proceed to trial’.
No date has been set for a retrial.
Linsey McNeill
Editor Linsey McNeill has been writing about travel for more than three decades. Bylines include The Times, Telegraph, Observer, Guardian and Which? plus the South China Morning Post. She also shares insider tips on thetraveljournalist.co.uk
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