Carnival Cruise Ship Hit With First Lawsuit

The first lawsuit against Carnival Cruise Lines has been filed and it is expected to be the beginning of a wave of lawsuits against the ship's owners.

Cassie Terry, 25, of Brazoria County, Texas, filed a lawsuit today in Miami federal court, calling the disabled Triumph cruise ship "a floating hell."

"Plaintiff was forced to endure unbearable and horrendous odors on the filthy and disabled vessel, and wade through human feces in order to reach food lines where the wait was counted in hours, only to receive rations of spoiled food," according to the lawsuit, obtained by ABCNews.com. "Plaintiff was forced to subsist for days in a floating toilet, a floating Petri dish, a floating hell."

Click Here for Photos of the Stranded Ship at Sea

The filing also said that during the "horrifying and excruciating tow back to the United States," the ship tilted several times "causing human waste to spill out of non-functioning toilets, flood across the vessel's floors and halls, and drip down the vessel's walls."

Terry's attorney Brent Allison told ABCNews.com that Terry knew she wanted to sue before she even got off the boat. When she was able to reach her husband, she told her husband and he contacted the attorneys.

Allison said Terry is thankful to be home with her husband, but is not feeling well and is going to a doctor.

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"She's nauseated and actually has a fever," Allison said.

Terry is suing for breach of maritime contract, negligence, negligent misrepresentation and fraud as a result of the "unseaworthy, unsafe, unsanitary, and generally despicable conditions" on the crippled cruise ship.

"Plaintiff feared for her life and safety, under constant threat of contracting serious illness by the raw sewage filling the vessel, and suffering actual or some bodily injury," the lawsuit says.

Despite having their feet back on solid ground and making their way home, many passengers from the cruise ship are still fuming over their five days of squalor on the stricken ship and the cruise ship company is likely to be hit with a wave of lawsuits.

"I think people are going to file suits and rightly so," maritime trial attorney John Hickey told ABCNews.com. "I think, frankly, that the conduct of Carnival has been outrageous from the get-go."

Hickey, a Miami-based attorney, said his firm has already received "quite a few" inquiries from passengers who just got off the ship early this morning.

"What you have here is a) negligence on the part of Carnival and b) you have them, the passengers, being exposed to the risk of actual physical injury," Hickey said.

The attorney said that whether passengers can recover monetary compensation will depend on maritime law and the 15-pages of legal "gobbledygook," as Hickey described it, that passengers signed before boarding, but "nobody really agrees to."

One of the ticket conditions is that class action lawsuits are not allowed, but Hickey said there is a possibility that could be voided when all the conditions of the situation are taken into account.

One of the passengers already thinking about legal action is Tammy Hilley, a mother of two, who was on a girl's getaway with her two friends when a fire in the ship's engine room disabled the vessel's propulsion system and knocked out most of its power.

"I think that's a direction that our families will talk about, consider and see what's right for us," Hilley told "Good Morning America" when asked if she would be seeking legal action.

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Key U.S. general backs keeping Afghan forces at peak strength

WASHINGTON (Reuters) - The U.S. general nominated to oversee a vast region that includes Afghanistan on Thursday backed keeping Afghan forces at a peak strength of 352,000, contrary to current plans to shrink them after NATO declares the war over next year.

General Lloyd Austin, nominated to lead the U.S. military's Central Command, said at his Senate confirmation hearing that a more robust Afghan force, while more costly, would "hedge against any Taliban mischief" following America's longest war.

"Keeping the larger-size force would certainly reassure the Afghans, it would also reassure our NATO allies that we remain committed," Austin said.

The comments came two days after President Barack Obama announced in his State of the Union address that 34,000 U.S. troops - roughly half of the current U.S. force in Afghanistan - would be withdrawn by early 2014.

Obama reassured Americans that the costly, unpopular war was coming to an end, but he left unanswered bigger questions about America's exit strategy, including how many U.S. troops would stay in the country beyond 2014 to help train and advise the Afghans and to battle remnants of al Qaeda.

Obama also did not discuss the future size of the Afghan forces, although a White House fact sheet sent out after his address noted they would remain at 352,000 until "at least" early 2015.

Austin warned the Taliban would be waiting to test them.

"You could reasonably expect that an enemy that's been that determined, that agile, will very soon after we transition begin to try to test the Afghan security forces," Austin said.

Under current plans, the United States and its NATO allies will help build up the Afghan armed forces to 352,000 personnel, a number they are approaching, but the size of the force - which the allies will continue to fund - will be trimmed to 230,000 after 2015.

ECHOES OF IRAQ

The hearing frequently moved away from questions about the Afghan war and other current events to questions about Austin's past role as commander in Iraq, when a failure to strike an immunity deal for U.S. troops led to their total withdrawal in 2011.

Obama administration officials have warned that failure to strike an immunity deal with Afghanistan would also result in a pullout, but Afghan President Hamid Karzai and U.S. officials have expressed confidence a deal can be reached.

Republicans, who have criticized Obama's drawdown strategy in Afghanistan, noted that the president would have left a much smaller force in Iraq than Austin recommended, even if a deal had been struck.

Senator John McCain of Arizona lamented the lack of a U.S. presence in Iraq.

Pressed by Republicans, Austin acknowledged that the situation in Iraq was trending in a "problematic" direction, and agreed that a continued U.S. role would have helped bolster Iraqi forces.

When it came to Afghanistan, Senator Lindsay Graham of South Carolina warned Austin that if Obama sought an insufficient force for the post-2014 mission, he would refuse to vote for funding the war effort.

"It can be as low as 9 or 10,000, that I will stand with them," Graham said.

"If they overrule the commanders and create a force that cannot in my view be successful, I cannot in good conscience vote to continue this operation."

Graham said he would vote for Austin's confirmation once Austin spoke with the former commander of the Afghan mission, General John Allen, about his recommendations to Obama and reported back to the committee about his opinion.

(Reporting by Phil Stewart; Editing by David Brunnstrom)

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Experts tell flatulent flyers: let it rip

WELLINGTON: A group of medical specialists has provided an answer to a dilemma that has faced flyers since the Wright brothers took to the air in 1903 -- is it okay to fart mid-flight?

The experts' recommendation is an emphatic yes to airline passengers -- but a warning to cockpit crews that breaking wind could distract the pilot and pose a safety risk.

The study concluded that anecdotal evidence that flying increases flatulence is not hot air, finding that changes in air pressure at altitude result in the gut producing more gas.

When Danish gastroenterologist Jacob Rosenberg encountered the malodorous problem first-hand on a flight from Copenhagen to Tokyo, he enlisted some of the finest minds in his field to address the issue.

The result was an in-depth review of scientific literature on flatulence, looking at issues such as whether women's farts smell worse than men's (yes), what causes the odour (sulphur) and how often the average person passes wind every day (10 times).

The bottom line, according to the 3,000-word study published in the New Zealand Medical Journal on Friday, is that airline passengers should ignore the social embarrassment of breaking wind and "just let it go".

"(Holding back) holds significant drawbacks for the individual, such as discomfort and even pain, bloating, dyspepsia (indigestion), pyrosis (heartburn) just to name but a few resulting abdominal symptoms," the study found.

"Moreover, problems resulting from the required concentration to maintain such control may even result in subsequent stress symptoms."

The authors -- five gastroenterologists from Denmark and Britain -- said that while passengers may experience poor service from the cabin crew as a result of their decision, the health benefits outweighed any negative impacts.

However, they said the cockpit crew faced a lose-lose situation.

"On the one hand, if the pilot restrains a fart, all the drawbacks previously mentioned, including impaired concentration, may affect his abilities to control the plane," the researchers said.

"On the other hand, if he lets go of the fart, his co-pilot may be affected by its odour, which again reduces safety onboard the flight."

The authors canvassed a number of solutions to the issue of flight-induced flatulence, including using methane breath tests to screen wind-prone passengers from flights, but rejected them as impractical.

They did, however, note that the textile covers used on seats in economy class absorbed up to 50 percent of odours because they are gas permeable, unlike the leather seats in first class.

They suggested airlines could improve the odour-eating properties of the seats and issue special blankets and trousers to passengers to minimise mid-air flatulence.

"We humbly propose that active charcoal should be embedded in the seat cushion, since this material is able to neutralise the odour," they said.

"Moreover active charcoal may be used in trousers and blankets to emphasise this effect."

Air New Zealand declined to comment when asked if it would adopt such measures.

- AFP/fl

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HTC flagship One expected to debut in U.S. on March 22

HTC's new One is expected to closely resemble the Droid DNA.

(Credit:
CBS Interactive)

The HTC One, expected to be the Taiwanese smartphone maker's next flagship handset, is set to launch in the U.S. on March 22, according to a report on HTC Source .

Formerly code named M7, the HTC One with 32GB of storage will debut on AT&T, T-Mobile, and Sprint for $199.99 with a two-year contract, unnamed sources tell the blog. A 64GB model will sell for $299.99.

Earlier reports held that the handset would debut in Europe on March 8.

The new device is expected to sport a 4.7-inch 1080p HD display, a 1.7GHz quad-core processor, an infrared port up top, and front-facing stereo speakers housed in a metal case. Other reports held that the device would be
Android powered and feature a quad-core Qualcomm S4 Pro processor and a 13-megapixel camera.

CNET has contacted HTC for comment and will update this report when we learn more.

The device might be unveiled at a February 19 event, from which CNET providing first-hand accounts and early impressions of the new device.

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Cruise passenger: People thought ship was "going to tip over"

(CBS News) Four thousand people who have been adrift at sea for four days are finally nearing shore Thursday night. This evening, the Carnival cruise ship named Triumph is being towed into Mobile Bay, Ala., and is expected to dock by midnight.

She left Galveston, Texas, a week ago, loaded with her maximum 3,143 passengers and crew of 1,100. The brochure described a four-day cruise in the Caribbean, but an engine room fire left her adrift and powerless.

All aboard have suffered in squalid conditions, stranded as Carnival slowly brought the ship in.

When CBS News flew over the Carnival Triumph, it was within sight of shore -- but still seven hours away from the dock.

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From up there we could see people waving, some with signs that appear to be made out of bed sheets. One said "SOS" -- save our ship -- but at this point it's not the ship that needs saving, it's the passengers.

The ship has been without power since an engine room fire five days ago. CBS News reached passenger Jacob Combs on the phone.

"The really bad part is there was no running water and toilets for almost the first 30 hours," Combs said. "Once they finally did get running water, the toilets only worked in certain places. I would say it's the worst smell imaginable."

Emailed photos (above) reveal squalid conditions. Many passengers used red plastic bags as toilets. Hundreds slept in hallways or topside to escape the foul and stagnate air below deck.

Carnival CEO Jerry Cahill insists passengers were never at risk. But 22-year old Leslie Mayberry disagreed.

"It was leaning to one side it was literally like walking up hill whenever the boat was leaning," she said. "I mean it was very scary," Mayberry said. "I mean a lot of people thought it was going to tip over and sink. And then you look out on the deck and you see the ocean and there is no one, you are just by yourself and you are so alone, even though you are around 3,000 other people on this boat."

The towline pulling the 14-story tall ship snapped, delaying Thursday's operation. It was re-attached, but it will be nightfall before the ship arrives at the terminal. Nellie Betts came from Tupelo, Miss., to meet her daughter.

"There's no reason why those people should be out there as long as they have. Why? I want to understand why," she said. "What is taking them so long to get them out?"

Once the ship arrives at the terminal, Carnival plans to put most of those passengers on a two-hour bus rid to New Orleans or even to Galveston, Texas, but some already are saying, "no thanks" - they have relatives picking them up in Mobile so they can go straight home.

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Nightmare Ends: Passengers Leave Disabled Ship

The ordeal of the disabled Carnival Triumph cruise ship carrying 4,000 passengers and crew appeared to be almost over, with people starting to disembark in Mobile, Ala., after days at sea without power in often squalid conditions.

After the ship arrived at port around 9:30 p.m. local time (10:30 p.m. ET), Carnival president and CEO Gerry Cahill praised the ship's crew and told reporters that he was headed on board to apologize directly to its passengers.

Passengers appeared to begin disembarking around 10:15 p.m. CT (11:15 p.m. ET).

The Carnival Triumph departed Galveston, Texas, Thursday and lost power Sunday after a fire in the engine room disabled the vessel's propulsion system and knocked out most of its power.

After power went out, passengers texted ABC News that sewage was seeping down the walls from burst plumbing pipes, carpets were wet with urine, and food was in short supply. Reports surfaced of elderly passengers running out of critical heart medicine and others on board squabbling over scarce food.

"I know the conditions on board were very poor," Cahill said. "I know it was very difficult, and I want to apologize again for subjecting our guests for that. ... Clearly, we failed in this particular case."

It could take up to five hours to get everybody off the huge ship.

"Inside the terminal, there's also warm food available," said Terry Thornton, Carnival's senior vice president of marketing. "There are blankets, there are cell phones and refreshments available for the guests that need that or want that assistance.

Passengers will have the options of boarding buses to Houston or Galveston, Texas, about seven hours away, or New Orleans, about two hours away, officials said.

"We have gotten our guests back to land," Cahill said. "Now, we need to get them home. ... The full resources of Carnival are working from here to get them home as quickly as we possibly can."

Stranded Carnival Cruise Ship On Its Way to Port Watch Video

Carnival Cancels All Scheduled Voyages Aboard the Triumph Watch Video

Carnival Cruise Ship Making Its Way to Port Watch Video

At an earlier news conference this afternoon, Thornton said that anyone with special needs and children will be the first to get off the boat. He said the company's No. 1 priority is to make the process as "quick, efficient and comfortable" for guests as possible.

"There are some limitations. We know that up front," Thornton said. "The ship still does not have power. We only have one functioning elevator aboard."

Click here for photos of the stranded ship at sea.

The passengers were achingly close to port about noon today as the ship began to enter the channel and proceed to the cruise terminal. At 1 p.m., the lead tow boat had a tow gear break, so a spare tug boat that was on standby had to be sent in to replace it.

But once the second tug was in position and the lines were re-set, the towing resumed only briefly before the tow line snapped.

"We had to replace that tow line, so the ship did not begin progressing back into the cruise terminal until 2 p.m.," Thornton said

Passengers desperate to get off the vessel waved at media helicopters that flew out to film the ship and passenger Rob Mowlam told ABCNews.com by phone today that most of the passengers on board were "really upbeat and positive."

Nevertheless, when he gets off Mowlam said, "I will probably flush the toilet 10 times just because I can."

Mowlam, 37, got married on board the Triumph Friday and said he and his wife, Stephanie Stevenson, 27, haven't yet thought of redoing the honeymoon other than to say, "It won't be a cruise."

Alabama State Port Authority Director Jimmy Lyons said that with powerless "dead ships" like the Triumph, it is usually safer to bring them in during daylight hours, but, "Once they make the initial effort to come into the channel, there's no turning back."

"There are issues regarding coming into the ship channel and docking at night because the ship has no power and there's safety issues there," Richard Tillman of the Mobile Bay Convention and Visitors Bureau told ABCNews.com.

When asked if the ship could be disembarked in the dark of night, Tillman said, "It is not advised. It would be very unusual."

Thornton denied the rumors that there was a fatality on the ship. He said that there was one illness early on, a dialysis patient, but that passenger was removed from the vessel and transferred to a medical facility.

The U.S. Coast Guard was assisting and there were multiple generators on board. Customs officials were to board the ship while it was being piloted to port to accelerate the embarkation, officials said.

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South Korea unveils missile it says can hit North's leaders

SEOUL (Reuters) - South Korea unveiled a cruise missile on Thursday that it said can hit the office of North Korea's leaders, trying to address concerns that it is technologically behind its unpredictable rival which this week conducted its third nuclear test.

South Korean officials declined to say the exact range of the missile but said it could hit targets anywhere in North Korea.

The Defence Ministry released video footage of the missiles being launched from destroyers and submarines striking mock targets. The weapon was previewed in April last year and officials said deployment was now complete.

"The cruise missile being unveiled today is a precision-guided weapon that can identify and strike the window of the office of North Korea's leadership," ministry spokesman Kim Min-seok said told reporters.

North Korea has forged ahead with long-range missile development, successfully launching a rocket in December that put a satellite into orbit.

The North's ultimate aim, Washington believes, is to design an intercontinental ballistic missile capable of carrying a nuclear warhead that could hit the United States.

North Korea, which accuses the United States and its "puppet", South Korea, of war-mongering on an almost daily basis, is likely to respond angrily to South Korea flexing its muscles.

North Korea, technically still at war with the South after their 1950-53 conflict ended in a truce, not a peace treaty, carried out its third nuclear test on Tuesday, drawing condemnation from around the world including its only major ally China.

The test and the threat of more unspecified actions from Pyongyang have raised tensions on the Korean peninsula as the South prepares to inaugurate a new president on February 25.

"The situation prevailing on the Korean peninsula at present is so serious that even a slight accidental case may lead to an all-out war which can disturb the whole region," North Korea's official KCNA news agency said.

(Reporting by Ju-min Park; Editing by Nick Macfie)

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Singapore debaters 3rd in world championship

SINGAPORE: A team of Singapore debaters came in third at the 25th World School Debating Championship (WSDC) in Antalya, Turkey.

A total of 50 countries participated in this year's competition between 27 January and 6 February.

Darion Jin Hotan from Hwa Chong Institution was ranked fourth for overall performance while Tan Teck Wei from Raffles Institution was ranked 13th.

The other members of the team are Rabin Kok from Anglo-Chinese Junior College, and Lee Chin Wee and Tan Kuan Hian from Raffles Institution.

The Singapore delegation was led by its coach, Mrs Geetha Creffield of Anglo-Chinese Junior College, and Mdm Evelyn Woels of the Ministry of Education.

The WSDC is a global competition for debaters between the ages of 14 and 19.

The team from Australia was crowned champion after it beat Swaziland in the final.

- CNA/ck

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Apple plans to issue fix for iOS 6.1 Exchange sync bug

Apple announced today that it has identified the cause of a sync problem between iOS 6.1 devices and Microsoft's Exchange service and said it would issue a fix in the next software update.

Almost immediately after Apple release
iOS 6.1 at the end of January, Microsoft Exchange administrators noticed that devices running the new OS version were causing "excessive logging" on servers. The issue was traced back to Apple code used to synchronize a user's Exchange mailbox and calendar events.

The announcement, made on Apple's support page, did not indicate a timeframe for that software but offered advice for avoiding the issue:

Apple has identified a fix and will make it available in an upcoming software update. In the meantime, you can avoid this bug by not responding to an exception to a recurring event on your iOS device. If you do experience the symptoms described above, disable then reenable the Exchange calendar on your iOS device ...

Apple noted that affected users may notice increased network activity or reduced battery life on their iOS device. The increased activity will appear on Exchange Server logs and may lead to the device being blocked. The issue affects iOS 6.1 devices running Microsoft Exchange 2010 SP1 or later, or Microsoft Exchange Online (Office365).

On January 28, Apple released iOS 6.1, the first major update to iOS 6 since September. Along with a few new minor features and bug fixes, the new software also prompted numerous reports of sudden and significant battery drain and at least one case of an overheating battery. Suspicion immediately fell to upon the excessive logging issue with Microsoft Exchange.

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Calif. deputy slain in shootout with man believed to be Dorner was father of two

Updated 7:22 PM ET

The San Bernardino deputy who was killed during a shootout with suspect killer Christopher Dorner has been identified as Det. Jeremiah MacKay, said the San Bernardino County's Department during a news conference on Wednesday.

San Bernardino County Sheriff's Det. Jeremiah MacKay, 35, was identified as the man killed Tuesday in a gun battle with man believed to be fugitive ex-cop Christopher Dorner.

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CBS

Sheriff John McMahon said that MacKay, 35, was pronounced deceased at the hospital. According to McMahon, MacKay was a member of the sheriff's department for 15 years and that he was married and a father to two children -- a 7-year-old girl and a 4-month-old son.

MacKay was presently assigned to the Yucaipa station but was also a detective at the Big Bear station.

"My sincere condolences go out to the MacKay family," said McMahon. "This is truly another sad day for law enforcement. Our department is grieving from this event."

MacKay was killed Tuesday as authorities closed in Dorner, wanted for killing two civilians and a Riverside cop, while he was holed up in a vacant cabin in the Angelus Oaks area of Big Bear.

Play Video

Gun battle with wanted ex-cop - caught on tape

Another deputy, who was later identified at the press conference as Alex Collins, from the Yucaipa office, was also wounded in the same gun battle. According to McMahon, Collins is currently at a hospital being treated and went through a couple of different surgeries.

"I just spoke to his wife," said McMahon of Collins. "He's in good spirits and should make a full recovery after a number of additional surgeries."

Before he fled to the cabin, Dorner had highjacked a pickup truck.

He then "abandoned the vehicle, ran into the forest, and hid inside this cabin before he barricaded himself. He was engaged in gunfire and shot two of our deputy sheriffs," said sheriff spokesperson Cindy Bachmann.

The cabin eventually caught on fire and a charred body was found inside, although authorities have yet to confirm it was the man they were seeking for over a week.

Meanwhile, Riverside police held a funeral for the officer killed in last week's gun battle. CBS San Diego affiliate KFMB reports Michael Crain, a 34-year-old father of two, was allegedly shot by Dorner when the fugitive ambushed him and another officer. The second officer was wounded.

Lt. Andra Brown from the San Diego Police Department told the station several officers traveled to the funeral Wednesday to pay their respects to Crain and flags at San Diego Police headquarters in downtown will remain at half staff.

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