D'Amico
D'Amico v. Sitmar Cruises, Inc.
Opinion
Opinion
Roth, J.
appeal is from the trial court’s order dismissing all unnamed members of a purported class in the matter, the effect of which was to determine a class action was not appropriate therein. That order was the culmination to the point of its making on July 19, 1979, of a disagreeable experience allegedly suffered by appellant and some 900 other passengers during a 2-week cruise under the auspices of respondents from Los Angeles to Puerto Rico via the Panama Canal.
In appellant’s complaint it was maintained in causes of breach of contract, breach of warranty, strict liability and negligence that respondents had covenanted to provide a healthful and fit environment, lodging, food and beverages during the trip and that they had failed to do so in such fashion that appellant “and hundreds of the [other] passengers became ill.” Those who did not become ill, it was further asserted, were subjected to “an unenjoyable travel atmosphere, frustrating the travel purpose of all the passengers” in that they were deprived of “the pleasure of the company of other passengers and the enjoyment of the foods, beverages and other amenities and characteristics of a pleasure cruise.” The…