Passenger who died after altercation on cruise ship was served 33 alcoholic drinks, lawsuit says

A lawsuit filed against Royal Caribbean Cruises claims that a 35-year-old passenger was “significantly over-served” alcoholic beverages before an altercation with security personnel and his death aboard a ship that set sail from Southern California.

The wrongful death lawsuit, filed by the fiancée of Michael Virgil last week in United States District Court for the Southern District of Florida, alleges that Navigator of the Seas crew members served Virgil at least 33 alcoholic beverages, starting at about mid-morning on Dec. 13, 2024. The ship with Virgil, his fiancée and young son aboard departed earlier that day from San Pedro for a four-day cruise to Ensenada, Mexico.

Virgil had opted in to Royal Caribbean’s “Deluxe Beverage Package,” an all-inclusive drinks offer, the lawsuit said.

“When their cabin room wasn’t ready upon embarkation, the family was directed to a bar area with live music,” attorneys for Virgil’s fiancée said in a statement. “After some time waiting, Virgil’s then seven-year-old son, who has autism, grew impatient and went with his mother to check the cabin’s status, leaving Virgil behind. Within hours of leaving the port, the suit alleges crew members negligently served Virgil at least 33 alcoholic beverages.”

In an intoxicated state, Virgil became agitated after trying unsuccessfully to find his cabin room, according to the lawsuit.

The FBI is investigating the death of a 35-year-old passenger last week aboard a cruise ship that had set sail from San Pedro. Alex Rozier reports for the NBC4 News at 5 p.m. on Dec. 18, 2024.

In a video, the shirtless passenger can be seen yelling in a hallway kicking a door. Video also appeared to show the confrontation with security personnel in the hallway.

According to the lawsuit, security personnel tackled Virgil and held him to the ground, impairing his ability to breathe. He also was administered an injection of the sedative haloperidol and used pepper spray, the lawsuit continued.

The use of force and overservice of alcoholic beverages “contributed to and caused” the conditions leading to Virgil’s death, the lawsuit stated.

“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,” a Royal Caribbean Group spokesperson said in a statement.

Virgil’s death was ruled a homicide by the medical examiner. The medical examiner’s report said the death was caused by combined effects of mechanical asphyxia, obesity, cardiomegaly and ethanol intoxication. Mechanical asphyxia is when physical force or an object interferes with breathing.

Virgil’s body was refrigerated aboard the ship, which returned to Los Angeles Dec. 16, 2024, according to the lawsuit.

The estate of Michael Virgil is seeking damages under the Death on the High Seas Act, including loss of support, inheritance, past and future earnings, and net accumulations; funeral and medical expenses; loss of companionship and protection; and mental pain and suffering.