At a Glance
- Former P&O Cruises human-resources executive Kerry Middleton sues for $13 million after a 2019 fall.
- Doctors said her neck fracture should heal in six months, but she was later diagnosed with functional neurological disorder.
- P&O Cruises and Carnival PLC argue her disability is unrelated to the fall.
- Court has allowed secret surveillance footage to be used as evidence.
The lawsuit centers on a 2019 incident that left former P&O Cruises executive Kerry Middleton wheelchair-bound and unable to work. The case has drawn attention to the company’s safety record and the legal complexities of workplace injuries on cruise ships.
Background of the Incident
In 2019, Middleton was aboard the MV Britannia in Cadiz, Spain, for a management meeting. While in a bathroom, she slipped and cracked a bone in her neck, specifically a fracture of the spinous process. Doctors initially predicted the injury would resolve in six months, but Middleton later developed a functional neurological disorder (FND), a condition that impairs brain function.
The FND diagnosis, according to court documents, left her unable to walk without a wheelchair and prevented her from returning to any form of employment. The injury and subsequent diagnosis became the basis for Middleton’s claim of damages.
Legal Claims
Middleton’s lawsuit seeks just over $13 million in damages. She alleges that the fall was caused by inadequate safety measures on the ship and that P&O Cruises failed to provide a safe environment. The claim also asserts that the company’s negligence contributed to the development of her FND.
In court filings, Middleton’s attorney, Eliot Woolf, stated that experts anticipated “some improvement once she has undergone treatment in a multi-disciplinary unit, but not sufficient for her to return to any form of employment.” Woolf emphasized the severity of Middleton’s condition and the lasting impact on her life.
Defense Strategy
P&O Cruises and its parent company Carnival PLC argue that Middleton’s disability is not related to the fall. According to their counsel, James Todd, the company recorded secret surveillance footage of Middleton on New Year’s Eve 2024, showing her walking freely with “completely normal mobility”.
“We see her moving freely,” Todd said in court. “She is cheerful and happy with her family. Towards the end of the clip, we see her walking around the kitchen island, doing so freely, without any sign of disability.”
Todd also contended that Middleton’s FND was triggered by a low performance grading of 2.5, not by the fall. “We say that the triggering episode for this condition of FND was the claimant learning from her manager that she had received a 2.5 performance grading,” he told the judges.
Current Status
A judgment has already been entered in Middleton’s favor, placing liability for the fall on P&O Cruises. However, the company is contesting the amount of damages she is seeking. The court has granted permission for the surveillance footage to be used as evidence, which could influence the final award.
A new trial is scheduled for a later date, yet to be announced. Both P&O Cruises and Carnival PLC have not yet responded to further requests for comment.
Timeline of Events
| Date | Event |
|---|---|
| 2019 | Middleton slips on MV Britannia in Cadiz, Spain. |
| 2019 | Doctors predict six-month recovery; later diagnosed with FND. |
| 2024 | Secret surveillance footage recorded on New Year’s Eve. |
| 2024 | Court grants use of footage as evidence. |
| 2024 | New trial date to be announced. |
Key Takeaways
- The lawsuit highlights the legal responsibilities of cruise lines for passenger safety.
- Surveillance footage may undermine Middleton’s claim of ongoing disability.
- The case will test the link between workplace injuries and subsequent neurological conditions.
- A final verdict could set precedent for similar claims in the cruise industry.
Middleton’s case remains a high-profile example of how workplace accidents can have lasting, life-altering effects. The outcome will be closely watched by both legal experts and the cruise industry.
