A small cruise ship struck a whale swimming underwater, causing the ship to suddenly lurch sideways. A passenger on the ship who
was walking down a corridor lost his balance and bumped his head on the edge of a doorway. Because of a previously existing medical condition that made him susceptible to bleeding on the brain, he suffered a cerebral hemorrhage and permanent mental impairment, despite prompt medical attention on the ship. The passenger brought suit against the cruise ship owner for his damages. At trial, the passenger presented evidence of how he was injured as he walked down the hallway, his previous medical condition, and his medical expenses and other damages. The cruise ship owner presented evidence that the cruise ship was following its approved route and that the whale could not have been detected before impact, and that the bump would not have injured someone in ordinary health. At the close of the evidence, the cruise ship owner moved for a directed verdict. How should the court rule
Answer: Grant the motion, because there is no evidence that the crew operated the ship negligently.
Explanation:
The court should rule by granting the cruise ship owner's motion due to the fact that the passenger has not been able to establish a case of negligence against the ship.
It should be noted that in order to establish a prima facie case for negligence, the plaintiff in this case must be able to show a duty of care, then a breach of that duty, a proximate cause, and the damages. However, in this case, the passenger doesn't have enough evidence to back up his claim.
