Viking Sky survivors

[OnTheJourney]

Hadn't thought about it with everything going on to get ready for Christmas....I wonder also if a class has been certified yet. Will indeed be interesting. 

[DGHOC]

On 12/20/2019 at 5:34 PM, JDincalif said:

 

DaveSJ711: Have you seen any additional information about this matter? Appreciate all that you've provided to date.

 

Hi JD

Following Dave's posts I researched this. I found this link https://www.courtlistener.com/docket/15863997/axel-freudmann-v-viking-river-cruises-inc/

 

There was indeed a posting in November, immediately after the Interim Report was published, that stated that settlement had been reached. If you scroll down the link provided I think it was Document 27. However, it has now been removed from the web page. I have no idea why, whether it is to keep this matter private, or to prevent other passengers from researching the outcome of this. Document 29 is also missing and Document 30 on 17th December just states, Order.

 

If this link doesn't work you only need to Google Axel Freudmann Viking and a number of links will turn up. Some of the court listings are limited, the Court listener one is more comprehensive.

 

Wishing you a very merry Christmas JD and good health and happiness in the New Year!

[DGHOC]

Just found this link too.

https://www.pacermonitor.com/public/case/28887099/Axel_Freudmann_et_al_v_Viking_River_Cruises,_Inc_et_al

[OnTheJourney]

Merry Christmas and wishes for a happy, healthy and safe New Year to our family of "Sky Survivors"!  

 

DGHOC - thanks for the litigation update...will be interesting to see the eventual outcome. 

[JDincalif]

11 hours ago, OnTheJourney said:

Merry Christmas and wishes for a happy, healthy and safe New Year to our family of "Sky Survivors"!  

 

DGHOC - thanks for the litigation update...will be interesting to see the eventual outcome. 

Couldn't have said it better ourselves! Wishing you all merry, happy and bright holidays and a wonderful 2020.

[Haworth]

16 hours ago, OnTheJourney said:

Merry Christmas and wishes for a happy, healthy and safe New Year to our family of "Sky Survivors"!  

 

DGHOC - thanks for the litigation update...will be interesting to see the eventual outcome. 

The same to you and all our fellow travelers on that "trip of a life time"

[DGHOC]

ORDER DISMISSING ACTION29 by Judge Fernando M. Olguin. IT IS ORDERED that the above-captioned action is hereby dismissed with prejudice as to plaintiffs and without prejudice as to the putative class. (Made JS-6. Case Terminated.) (lom)

 

This is the final order in the case of Freudmann v Viking, but I have absolutely no idea what it means! It was made on the 16th December following the settlement agreement made on 18th November.

 

Think we need a lawyer to decipher for us!

[SLSD]

7 hours ago, DGHOC said:

ORDER DISMISSING ACTION29 by Judge Fernando M. Olguin. IT IS ORDERED that the above-captioned action is hereby dismissed with prejudice as to plaintiffs and without prejudice as to the putative class. (Made JS-6. Case Terminated.) (lom)

 

This is the final order in the case of Freudmann v Viking, but I have absolutely no idea what it means! It was made on the 16th December following the settlement agreement made on 18th November.

 

Think we need a lawyer to decipher for us!

I'm not a lawyer, but married to one.  I asked and the answer is that the plaintiffs in this particular suit (those who sued) have been dismissed and cannot sue again.  At the same time, others can still sue Viking.  This is a very bare bones answer--and I have no idea what was alleged in the suit.  My lawyer husband did say that it is rare for a judge to do this.  

[OnTheJourney]

So, then, is the case dismissed (essentially thrown out) and nothing else happens?  Hopefully Dave will come to the rescue....

Edited December 26, 2019 by OnTheJourney

[DGHOC]

On 12/25/2019 at 2:20 AM, SLSD said:

I'm not a lawyer, but married to one.  I asked and the answer is that the plaintiffs in this particular suit (those who sued) have been dismissed and cannot sue again.  At the same time, others can still sue Viking.  This is a very bare bones answer--and I have no idea what was alleged in the suit.  My lawyer husband did say that it is rare for a judge to do this.  

 

I don't understand it SLSD, but a pal was suggesting that the case was dismissed with the plaintive as they have agreed with the settlement but it remains without prejudice for others in the class action as they haven't agreed settlement yet. No idea how all of this works.

 

This is the link to the case listing. Read 27 - 30. 

https://www.pacermonitor.com/public/case/28887099/Axel_Freudmann_et_al_v_Viking_River_Cruises,_Inc_et_al

Plaintiffs shall file a Motion for Class Certification and Preliminary Approval of Settlement Agreement no later than 20th December. The Order dismissing action in 30 appears to relate to the order 29. 

 

It's all gibberish to me I'm afraid so I can't advise, maybe your husband could better inform us!

[OnTheJourney]

On 4/1/2019 at 1:01 PM, DGHOC said:

In addition to all Viking have already offered us, in his Fedexed letter received today, Torstein Hagen says;

'Finally, you are also invited to join me as my guests on the maiden cruise of our latest vessel, Viking Venus, at my expense in early 2021. Details of this will be coming from my office in due course'

 

As I previously stated, we cannot fault them.

 

Wonder just when the "due course" of further details is going to be?  Only about a year out at this point.....maybe depends on what happens with the lawsuit settlement ?!?  

[DaveSJ711]

On 12/24/2019 at 6:20 PM, SLSD said:

I'm not a lawyer, but married to one.  I asked and the answer is that the plaintiffs in this particular suit (those who sued) have been dismissed and cannot sue again.  At the same time, others can still sue Viking.  This is a very bare bones answer--and I have no idea what was alleged in the suit.  My lawyer husband did say that it is rare for a judge to do this.  

 

SLSD is correct.  The words "with prejudice" mean that the named plaintiffs (the Freudmanns) have been dismissed from the case and cannot sue again.  The words "without prejudice" mean that the putative (alleged) class, i.e., the other Viking Sky passengers, have also been dismissed but can sue again, via another representative -- because the Freudmanns are out of the picture.

 

One note:  Apparently the judge here didn't decide the issue of class certification, so certification would need to occur before a another class action suit could proceed.

 

Why did it all go down this way?  It's possible that, faced with the interim report, Viking and its insurers decided to throw a lot of money at the Freudmanns to make them go away.  

[OnTheJourney]

Hmmm....interesting to say the least. Thanks, Dave, for deciphering all of this. Can't help but wonder if any lawyers interested in taking on this sort of case might yet contact the passengers in some manner? Probably over and done with at this point, especially since the suit was started on behalf of just a few people. 

Edited January 3, 2020 by OnTheJourney

[DaveSJ711]

The settlement with the Freudmanns opens the door for other Sky passengers to file suit against Viking (assuming they're willing to do so).  Class action lawyers fight hard for the opportunity to file "first out of the gate" and to lead the ensuing litigation.  Now that the Freudmanns and their case are out of the picture, the Freudmanns' lawyers (or other lawyers) can attempt to find new plaintiffs for a new case.  I suspect there's some legal jockeying behind the scenes as this process plays out. 

Edited January 3, 2020 by DaveSJ711

[OnTheJourney]

I may be wrong, but will hazard to say that probably a majority of Sky passengers (at least those who did not sustain any injuries) are probably satisfied that Viking treated us well (compensation-wise) and don't feel the need to pursue additional action. At least that seems to be the general feeling here on CC. Thanks again for your keen insight into all this. 

[Haworth]

Agreed, we have put it behind us, we will enjoy our China trip in march and the "catch up" next January.

 

 

[DaveSJ711]

2 hours ago, OnTheJourney said:

I may be wrong, but will hazard to say that probably a majority of Sky passengers (at least those who did not sustain any injuries) are probably satisfied that Viking treated us well (compensation-wise) and don't feel the need to pursue additional action. At least that seems to be the general feeling here on CC. Thanks again for your keen insight into all this. 

 

You might be right.  But remember, the Freudmanns were passengers, too, and they were willing to sue.  And assuming a "full house," there were more than 900 other passengers on the Sky.  It only takes one to file.

[OnTheJourney]

6 hours ago, DaveSJ711 said:

 

You might be right.  But remember, the Freudmanns were passengers, too, and they were willing to sue.  And assuming a "full house," there were more than 900 other passengers on the Sky.  It only takes one to file.

 

Yeah but, if I'm correct, weren't they the ones who sustained significant injuries and wound up in the hospital over there?  I see your point, though, could certainly happen from other passengers. Certainly while awaiting our transfer to the airport in Oslo (helicopter evacuees) there were many quite vocal and unhappy people who - at least at the time - seemed to be clamoring for media attention and such. 

Edited January 4, 2020 by OnTheJourney

[DaveSJ711]

7 minutes ago, OnTheJourney said:

 

Yeah but, if I'm correct, weren't they the ones who sustained significant injuries and wound up in the hospital over there?  I see your point, though, could certainly happen from other passengers. Certainly while awaiting our transfer to the airport in Oslo (helicopter evacuees) there were many quite vocal and unhappy people who - at least at the time - seemed to be clamoring for media attention and such. 

 

Re your question, I have no idea what injuries the Freudmanns sustained.

[OnTheJourney]

Perhaps I have the wrong people but I think it was them. 

[OnTheJourney]

8 hours ago, Haworth said:

Agreed, we have put it behind us, we will enjoy our China trip in march and the "catch up" next January.

 

 

Which China itinerary?  So is that going to be your 'compensation' cruise 🙂 ?  China was a strong possibility for us, but we're a bit more interested in the Cities of Antiquity trip. China is still on the list though. 

Edited January 4, 2020 by OnTheJourney

[Haworth]

8 hours ago, OnTheJourney said:

Which China itinerary?  So is that going to be your 'compensation' cruise 🙂 ?  China was a strong possibility for us, but we're a bit more interested in the Cities of Antiquity trip. China is still on the list though. 

Its the Imperial Jewels of China, with the Shanghai extension, got a good deal on it!

I do hope you get to do the Cities of Antiquity trip it was one of our best ever cruises.

[DGHOC]

I may be entirely incorrect but I don't believe that the Freudmanns were amongst the injured. They were sitting with their party in the central core of the theatre muster station. If uninjured their experience would have been much the same as ours.

 

The Flewellings were the other couple who were specifically mentioned in the class action. They reportedly contracted flu following their confinement on the Sky. Daniel Flewelling had serious complications from it and was hospitalised. After their initial interviews they seemed to go quiet, maybe they decided against pursuing the class action suit or Viking settled with them privately.

[OnTheJourney]

I'm sure you're probably right....thanks DGHOC....

Edited January 5, 2020 by OnTheJourney

[OnTheJourney]

10 hours ago, Haworth said:

Its the Imperial Jewels of China, with the Shanghai extension, got a good deal on it!

I do hope you get to do the Cities of Antiquity trip it was one of our best ever cruises.

 

Thanks Haworth...planning the Antiquities cruise for fall of '21 - dates aren't out yet for it. I just noticed I have a lot of info on that cruise I copied in from CC - thinking it might have been from you (?)  What I have refers to it having been on the Jupiter and (your...someone else perhaps?) 4th cruise with Viking and "one of the best". Don't know who I copied it from though....