(NewsNation) — A New York-based trial attorney says a lawsuit claiming a cruise passenger was served 33 drinks before his death last year should be viewed with skepticism.
“Thirty three drinks, really?” Richard Shoenstein told “Banfield.” “What kind of drinks were these? Were these real drinks, or are these cruise ship mai tais that don’t have very much alcohol? I have a difficult time believing that anybody can sit down and just down 33 drinks in a row and that anybody serving someone would let them do that.”
Michael Virgil’s family filed a wrongful death lawsuit Tuesday accusing Royal Caribbean of overserving him alcohol and using excessive force that they say led to his death. The 35-year-old died during a four-day Navigator of the Seas cruise from Los Angeles to Mexico.
Virgil participated in the ship’s all-inclusive “Deluxe Beverage” package and was served at least 33 alcoholic drinks in the hours leading up to his death, according to the lawsuit. Virgil’s family alleges he became visibly intoxicated as crew members continued serving him alcohol.
Shoenstein says there’s potential liability in the family’s lawsuit making that kind of claim.
“People have tried to sue bars before, just bars,” Shoenstein said. “Forget about cruise ships for a minute, but bars and restaurants for overserving people.
“It’s difficult to pin liability on somebody serving alcohol because they don’t necessarily know how much the person has consumed, how much they can tolerate and what kind of condition they’re in and because they’re there voluntarily to consume alcohol.”
Surveillance video will be key to clarify amount served to Virgil: Lawyer
The lawsuit acknowledges that Virgil became lost and agitated while trying to find his cabin. It also alleges Royal Caribbean security personnel tackled him, restrained him with their body weight and held him in a prone position that restricted his breathing.
Shoenstein says surveillance video will provide a clearer picture to not only support those accusations, but also show how much Virgil was served.
“I think looking at surveillance video is a very good idea,” he said. “I would be surprised if they don’t have it on the ship.”
“Did this person start acting like this when he was still at the bar or did he get up, start going to look for his girlfriend and child and then start kicking doors down? We can see exactly how much he had and how he acted as he was doing it.”