Nicaraguan Crew Member Sues Margaritaville at Sea Operator Over Shipboard Injury, Case Removed to Federal Court Under Maritime Arbitration Law

Holzberg Legal

George Alexander Lockwood Artola, a Nicaraguan citizen and crew member aboard the Margaritaville at Sea Paradise, has filed a maritime personal injury lawsuit against Classica Cruise Operator Ltd., the company doing business as Margaritaville at Sea. The complaint was originally filed in Palm Beach County Circuit Court but was recently removed to federal court under Case No. 9:25-cv-80864-WPD in the Southern District of Florida. The defendant argues the case is subject to international maritime arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Crew Member Alleges Shipboard Injury While Working as Motor Man Aboard Margaritaville at Sea Paradise

According to the Notice of Removal, Lockwood Artola was employed by Classica as a Motor Man aboard the Margaritaville at Sea Paradise when he allegedly suffered injuries on June 15, 2022. The specifics of the injury are not disclosed in the removal filing, but the incident allegedly occurred in the course of his duties onboard. Classica admits it was the plaintiff’s Jones Act employer and operator of the vessel at all relevant times.

Lockwood had signed a contract of employment with Classica on May 16, 2022, agreeing to arbitration for any claims arising from his shipboard work—including personal injury, negligence, maintenance and cure, and unseaworthiness.

Classica Cruise Operator Seeks Arbitration Under Convention, Says Federal Court Has Jurisdiction

Classica’s attorneys removed the case to federal court under 9 U.S.C. § 205, arguing that the employment contract’s arbitration clause is governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). The clause mandates that any disputes—including those for injuries—be resolved through binding arbitration administered by the American Arbitration Association.

According to the employment contract, arbitration is to occur in the seafarer’s country of citizenship (Nicaragua), or in Nassau, Bahamas if arbitration is unavailable locally. The contract specifies that the arbitration language is English and that Bahamian law, as the flag state’s law, will govern the proceedings.

Federal Removal Based on Maritime Arbitration Mirrors Trend in Crew Member Injury Claims

The cruise line cited several federal appellate decisions supporting removal under the Convention Act, including Bautista v. Star Cruises, Lindo v. NCL (Bahamas) Ltd., and Henriquez v. NCL (Bahamas) Ltd.. These cases affirm that maritime employment contracts with arbitration clauses governed by the Convention fall within federal jurisdiction—even when filed initially in state court.

Classica’s attorneys argue that Lockwood’s agreement meets all legal conditions for removal: a written arbitration clause, arbitration in a Convention-signatory nation, a commercial relationship, and at least one party who is not a U.S. citizen.

Case Highlights Use of International Arbitration in Cruise Line Crew Injury Disputes

This case reflects a growing trend in the cruise industry: enforcing foreign arbitration clauses in crew contracts to resolve injury and employment claims outside the U.S. legal system. While cruise lines argue arbitration is efficient and predictable, crew members and maritime injury advocates often challenge the enforceability of these clauses, particularly when arbitration occurs far from the worker’s home and under foreign law.

The removal sets the stage for a likely motion to compel arbitration. If granted, the federal court may dismiss or stay the lawsuit pending the outcome of arbitration proceedings.

If you are a cruise ship crew member who has been injured on the job, it is critical to understand your rights under maritime law and international arbitration treaties. These cases are complex and often involve overlapping jurisdictions and foreign legal frameworks.

Contact us now to speak with a cruise ship crew injury attorney.


Nicaraguan Seafarer Sues Margaritaville at Sea Operator for Severe Spinal Injuries After Lifting Heavy Equipment on Undermanned Vessel

George Alexander Lockwood Artola, a Nicaraguan national and former Motor Man aboard the Margaritaville at Sea Paradise, has filed a maritime lawsuit in the Southern District of Florida against Classica Cruise Operator Ltd., alleging that he suffered debilitating spinal injuries while working under unsafe and overburdened conditions aboard the cruise ship. Originally filed in state court, the case—No. 9:25-cv-80864-WPD—was removed to federal court under maritime arbitration provisions but centers on serious allegations of negligence, denial of medical care, and failure to provide maintenance and cure.

Crew Member Claims Overwork and Lack of Safety Caused Lumbar Disc Herniations While Lifting Equipment on Margaritaville at Sea Paradise

According to the complaint, the incident occurred on June 15, 2022, while Lockwood Artola was working as a Motor Man aboard the Margaritaville at Sea Paradise. The ship was allegedly undermanned, requiring Lockwood to lift heavy machinery—including valves weighing over 100 pounds—without adequate assistance. During a team lift, his co-worker reportedly lost grip, forcing Lockwood to bear the full weight of a large machine valve, resulting in immediate back pain.

Lockwood alleges that he was evaluated by the ship’s doctor, given painkillers, and returned to full duty, which aggravated his injuries. His contract ended without referral for follow-up care, and he claims that Classica denied responsibility for his condition despite repeated requests for treatment upon returning home to Nicaragua.

Plaintiff Diagnosed with Degenerative Disc Disease and Referred for Neurosurgery After Cruise Line Denies Medical Care

Following his repatriation, Lockwood independently sought care and underwent extensive medical evaluation over the next two years. Diagnostic reports from Nicaraguan physicians, including neurologists and radiologists, revealed significant degenerative disc disease at the L3-L4, L4-L5, and L5-S1 levels, bilateral radiculopathy, and structural abnormalities requiring neurosurgical intervention.

Despite these findings, Lockwood alleges that Classica refused to pay for treatment, denied medical responsibility, and failed to comply with its obligations under maritime law. His lawsuit seeks compensation for permanent disability, lost earning capacity, and medical expenses, including costs of surgery.

Complaint Accuses Cruise Line of Negligence, Unsafe Working Conditions, and Denial of Maintenance and Cure

The complaint brings three major claims: Jones Act negligence, failure to provide maintenance and cure, and failure to treat under the Jones Act.

Lockwood asserts that Classica:

  • Assigned him to dangerous, physically demanding work without proper safety measures
  • Failed to provide adequate staffing, forcing him to overexert himself
  • Returned him to duty despite documented injury
  • Denied post-disembarkation medical care despite a continuing duty under maritime law

He also claims Classica acted in bad faith by arbitrarily denying maintenance and cure, entitling him to punitive damages under general maritime law. The complaint details over a dozen medical visits, imaging studies, and treatment recommendations documenting his deteriorating condition.

Federal Court to Decide Whether Claims Must Be Arbitrated Under Foreign Flag and Contract Law

While Lockwood’s legal team has filed under the Jones Act and general maritime law, Classica has moved to compel arbitration under an employment contract governed by the New York Convention and Bahamian law. The employment agreement specifies arbitration in Nicaragua or Nassau, Bahamas—raising significant questions about enforceability, jurisdiction, and fairness.

Legal observers note that U.S. courts have often compelled arbitration in similar seafarer injury cases under rulings like Bautista v. Star Cruises and Lindo v. NCL, though arguments over public policy, access to remedies, and bad-faith denial of care may complicate proceedings.

Cruise Ship Employers Have a Legal Obligation to Protect and Care for Injured Crew Members at Sea

Under U.S. maritime law, cruise lines have a non-delegable duty to provide safe working conditions for seafarers and to offer medical care when injuries occur on the job. When cruise operators fail to provide maintenance and cure—or return injured crew to work without proper evaluation—they may be held liable for aggravating injuries and violating longstanding maritime protections.

If you are a cruise ship employee who has been injured at sea and denied medical care, you may be entitled to compensation, including punitive damages for the cruise line’s bad-faith refusal to treat or pay.

Contact us now to speak with a maritime injury attorney for cruise ship crew members.

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