Family sues Royal Caribbean after man allegedly served 33 drinks dies aboard cruise ship
The family of a 35-year-old man who died aboard a Royal Caribbean cruise after allegedly being served 33 alcoholic drinks has filed a lawsuit seven months after an autopsy ruled his death a homicide.
Michael Virgil, 35, and his family boarded Royal Caribbean’s Navigator of the Seas in Los Angeles on Dec. 13, 2024, for a four-day cruise to Ensenada, Mexico, a trip they intended to be a fun vacation.
What began as a routine departure quickly unraveled, the lawsuit says, after an onboard incident involving security that would later become the center of a legal battle.
The family – which includes Virgil’s longtime fiancée and their young son who has autism – has filed a wrongful death complaint in the U.S. District Court for the Southern District of Florida.
The lawsuit alleges the cruise line is responsible for his death, claiming he was overserved and then subjected to what it calls the excessive use of force and fatal actions taken by crew members.
According to the complaint, the family was directed to a bar with live music because their cabin was not ready. As they waited, Virgil’s then 7-year-old son grew restless and left with his mother to check the room, leaving Virgil alone.
The suit claims that within hours of the ship’s departure, crew members negligently served him at least 33 alcoholic drinks, after which he became intoxicated and increasingly agitated while trying to locate his cabin.
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Security and crew members allegedly tackled and restrained Virgil, compressing his body until he stopped moving. The complaint says that at the direction of the staff captain, the crew injected him with the sedative Haloperidol and used three cans of pepper spray.
The suit says the combination of restraint, sedative use and pepper spray caused significant hypoxia, impaired ventilation, respiratory failure, cardiovascular instability and ultimately cardiopulmonary arrest. The medical examiner later ruled the death a homicide.
The medical examiner wrote that the cause of death was "combined effects of mechanical asphyxia, obesity, cardiomegaly and ethanol intoxication." The report also said the injury occurred from "body compression during restraint by multiple ship security personnel" and "ingestion of ethanol."
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Virgil’s body remained refrigerated on board until the ship returned to Los Angeles on Dec. 16, 2024.
"Michael’s family has suffered unimaginable heartache and torment caused by Royal Caribbean, a mega cruise line that prioritizes profit over passenger safety," Kevin Haynes, a partner at Kherkher Garcia, said. "Crew members, including security and medical personnel, are required to undergo rigorous competency training; it is very clear that Royal Caribbean is completely negligent in the hiring, training and supervision of its vast fleet of maritime employees.
"What was supposed to be a beautiful family vacation came to an unimaginably tragic end due to the reprehensible way the situation – that should have never occurred – was handled," Haynes added.
The complaint also notes that Virgil purchased the "Deluxe Beverage Package," which gives passengers access to nearly all of the ship’s drink offerings, including alcohol. It explains alcohol sales are among Royal Caribbean’s top revenue streams and that the ships are designed with numerous outlets serving alcohol throughout the vessels.
"We are seeing an incredibly alarming number of serious injuries and fatalities on cruise ships of late," Haynes said. "Our goal is to force systemic change in the way this industry operates to ensure that no person or family experiences tragedy like this again."
Through the lawsuit, the estate of Michael Virgil is seeking judgment for damages under the Death on the High Seas Act, including loss of support, inheritance, past and future earnings and net accumulations. The family is also seeking funeral and medical expenses, loss of companionship and protection and mental pain and suffering, among other claims.
Royal Caribbean refrained from commenting on the specifics of the case due to the pending legal matter.
"We were saddened by the passing of one of our guests, worked with authorities on their investigation, and will refrain from commenting any further on pending litigation," the spokesperson told Fox News Digital.