No. 03-15321.

394 F.3d 891 (2004)

Jane DOE, Plaintiff-Appellant-Cross-Appellee, v. CELEBRITY CRUISES, INC., in personam, Zenith Shipping Corporation, in personam, Apollo Ship Chandlers, Inc., in personam, Celebrity Catering Services Partnership, in personam, Defendants-Appellees-Cross-Appellants, Baris Aydin, in personam, M/V ZENITH, her engines, boilers, tackle, etc., in rem, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 22, 2004.

Attorney(s) appearing for the Case

Richard M. Ziccardi, Stephen Skoufalos, Manuel R. Llorca, Skoufalos, Llorca & Ziccardi, Stamford, CT, Gerhardt A. Schrieber, Schreier Rodon-Alvarez, P.A., Miami, FL, Manuel Antonio Molina, Skoufalos, Llorca & Ziccardi, LLP, New York City, for Doe.

Jeffrey Bradford Maltzman, Darren Wayne Friedman, Kaye, Ros & Maltzman, LLP, Miami, FL, Ralph Oliver Anderson, Ralph O. Anderson, P.A., Davie, FL, for Appellees.

Michael Duke Eriksen, Romano, Eriksen & Cronin, West Palm Beach, FL, for Amici Curiae.

Before HULL and MARCUS, Circuit Judges, and MILLS, District Judge.

HULL, Circuit Judge:

This appeal presents the question of what standard of care governs when a cruise line's crew member sexually batters a passenger. In a pre-trial ruling, the district court determined that a cruise line, as a common carrier, owes a duty of protection and safe transport to its passengers, and thus is strictly liable for crew member assaults on passengers. The jury trial focused on whether the plaintiff consented or was sexually battered by the crew...

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