A 35‑year‑old cruise passenger’s death last month has led his fiancée to file a wrongful‑death lawsuit against Royal Caribbean, alleging the company served him more than 30 alcoholic drinks and that security’s use of force caused his death.
The Voyage and Incident
Connie Aguilar and Michael Virgil, a 35‑year‑old man, were on a round‑trip cruise from Los Angeles to Ensenada, Mexico, with their family, including their 7‑year‑old son who has autism. The couple boarded the Navigator of the Seas from San Pedro on the morning of Dec. 13, 2024 for a four‑day voyage. Virgil had opted into Royal Caribbean’s all‑inclusive drinks package. Court documents filed last week in the U.S. District Court for the Southern District of Florida, where the cruise company is headquartered, detail the events that led to his death.
Allegations of Overservice
According to the complaint, Virgil was served more than two dozen drinks by crew members, starting around mid‑morning. The lawsuit states that after their cabin room wasn’t ready, the family was directed to a bar area with live music. “After some time waiting, Virgil’s then 7‑year‑old son, who has autism, grew impatient and went with his mother to check the cabin’s status, leaving Virgil behind,” the attorneys said. Within hours of leaving the port, the suit alleges crew members negligently served Virgil at least 33 alcoholic beverages. The complaint cites the passenger’s own statement that he was “significantly over‑served” alcoholic beverages before an altercation with security personnel.
Security Response and Use of Force
In an intoxicated state, Virgil reportedly became lost trying to find his room and grew agitated. Video taken by another passenger shows him shirtless, yelling in a hallway and kicking a door. The footage also appears to capture a confrontation with security personnel. The lawsuit alleges that security tackled Virgil and held him to the ground with their full body weight, subjecting him to prolonged restraint, compressing his back and impairing his ability to breathe. At the captain’s request, he was also administered an injection of the sedative haloperidol and sprayed with pepper spray. The use of force and overservice of alcoholic beverages “contributed to and caused” the conditions that led to Virgil’s death, the lawsuit states.
Legal Claims and Maritime Duty
The suit seeks unspecified damages and a jury trial. It argues that maritime common law requires carriers like Royal Caribbean to “supervise and assist passengers likely to engage in behavior dangerous to themselves or others,” and that the company failed to exercise its right to stop serving alcohol to Virgil to protect his life. The complaint further contends that crew members should not have served Virgil alcohol because he “exhibited obvious visual signs of intoxication” and were negligent for doing so. It also claims that medical personnel on board lacked proper education, licenses, experience and skills, and that the company failed to properly train crew members to assess when to stop serving a passenger.
Investigation and Medical Findings
The FBI is investigating the death of the 35‑year‑old passenger last week aboard the ship that had set sail from San Pedro. Alex Rozier reports for the NBC4 News at 5 p.m. on Dec. 18, 2024. The Los Angeles County Medical Examiner ruled Virgil’s death a homicide. The examiner said Virgil died from the combined effects of mechanical asphyxia, obesity, an enlarged heart and alcohol intoxication. Mechanical asphyxia is when physical force or an object interferes with breathing. Virgil’s body was refrigerated aboard the ship for the remainder of the cruise, which returned to Los Angeles on Dec. 16, 2024, according to the lawsuit.
Next Steps
Royal Caribbean has issued a statement saying, “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 company’s spokesperson emphasized cooperation with the investigation. The lawsuit will likely proceed in federal court, with both sides preparing for a jury trial that could set a precedent for how cruise lines manage intoxicated passengers.
Key Takeaways
- The lawsuit alleges that Virgil was served at least 33 alcoholic drinks before security’s forceful restraint.
- Security used full body weight, compressed his back, injected haloperidol and sprayed pepper spray, contributing to his death.
- The complaint cites maritime law duties, failure to stop serving alcohol, and inadequate medical training on board.
The case underscores the legal responsibilities of cruise carriers when passengers become intoxicated and the potential consequences of failing to intervene.
