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BENSON v. NORWEGIAN CRUISE LINE LTD.

No. 3D01-1845.

834 So.2d 915 (2003)

Roger C. BENSON and Patricia Hardy-Smith, individually and as Co-Personal Representatives of the Estate of Noah Benjamin Benson, a minor, Appellants, v. NORWEGIAN CRUISE LINE LIMITED, and Carla Von Benecke, M.D., Appellees.

District Court of Appeal of Florida, Third District.

January 15, 2003.

Attorney(s) appearing for the Case

Colson Hicks Eidson and Marc Cooper and Maureen E. LeFebvre, Coral Gables, for appellants.

Mase & Gassenheimer and Beverly D. Eisenstadt and Jeffrey E. Foreman, for appellees.

Before COPE, GERSTEN and FLETCHER, JJ.

COPE, J.

The plaintiffs in this case brought a lawsuit alleging medical malpractice aboard a cruise ship, at a time when the ship was 11.7 nautical miles east of the Florida shore. The question presented is whether the medical malpractice incident occurred within Florida's territorial waters. We conclude that the answer is yes.

I.

The decedent, Noah Benson, was a thirteen-year-old passenger on the M/S Leeward...

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