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.

Carnival's Triumph Passengers: 'We Were Homeless' Watch Video

Girl Disembarks Cruise Ship, Kisses the Ground Watch Video

Carnival Cruise Ship Passengers Line Up for Food Watch Video

"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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Postmaster takes case for five-day mail delivery to skeptical senators

Postmaster General Patrick R. Donahoe took his controversial plan for five-day mail delivery before a congressional hearing Wednesday, where he told senators that the Postal Service “needs your help.”

Donahoe’s refrain was familiar.

●The U.S. Postal Service (USPS) is losing $25 million a day.

●Last year, the Postal Service lost $15.9 billion.

●It defaulted on $11.1 billion owed to the Treasury.

As he has before, Donahoe pleaded with Congress, this time the Senate Homeland Security and Governmental Affairs Committee, to approve comprehensive postal reform legislation. Now, more than before, it looks as though Congress will do so.

Rep. Elijah E. Cummings (Md.), the ranking Democrat on the House Committee on Oversight and Government Reform, told the Senate panel that after two months of negotiations, “we are close, very close” to agreement on a bipartisan, bicameral bill.

Without some assistance from Congress, said Sen. Tom Carper (D-Del.), chairman of the Senate committee, “the Postal Service will drift toward insolvency and, eventually, the point at which it must shut its doors. . . . We have never been closer to losing the Postal Service.”

Although in some ways Donahoe’s appearance echoed his many other pleas for congressional action, this hearing drew a standing-room-only crowd on the third floor of the Dirksen Senate Office Building. That was probably influenced by all the attention generated by his surprise announcement last week that Saturday mail delivery will end in August.

Donahoe’s written testimony outlined several key legislative goals, but five-day mail delivery was not specifically listed among them. After repeatedly urging Congress to end the six-day requirement, Donahoe said postal officials had determined that he could take that action without congressional approval.

Moving to five-day delivery would close just 10 percent of the postal budget gap, Donahoe said, yet the controversy surrounding it stole the focus from other important financial issues.

Among them is a controversial proposal to move postal employees from the Federal Employees Health Benefits Program, which serves all federal workers, to a health insurance program run by the USPS.

Donahoe presented an updated health insurance proposal, but it received little attention compared with his five-day delivery plan.

Last year the Senate approved legislation, co-sponsored by Carper, that would allow five-day delivery two years after its enactment. The delay was designed to allow the Postal Service to study the impact of five-day delivery. Carper was among those who have expressed disappointment with Donahoe’s plan to implement it unilaterally.

“We are taking every reasonable and responsible step in our power to strengthen our finances immediately,” Donahoe told the committee. “We would urge Congress to eliminate any impediments to our new delivery schedule.

“Although discussion about our delivery schedule gets a lot of attention, it is just one important part of a larger strategy to close our budgetary gap,” he added. “It accounts for $2 billion in cost reductions while we are seeking to fill a $20 billion budget gap.”

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Capriles says Venezuela lying about Chavez health

CARACAS: Venezuelan opposition leader Henrique Capriles on Thursday again accused the government of lying about the health of cancer-stricken President Hugo Chavez, who is convalescing in Cuba.

"Most probably, they have lied to us about the condition of the president of the republic during the past two months," Capriles told a press conference.

He said authorities in Caracas had already "lied" to the people by saying the national currency would not be devalued -- only to announce the devaluation of the bolivar by more than 30 per cent, which went into effect Wednesday.

"If a person can sign documents, then why can't that person speak to the nation? Therefore, they are lying -- the president is not really speaking or signing anything," Capriles said.

Chavez, 58, has not been seen or heard from since his last cancer operation on December 11 in Havana.

Vice President Nicolas Maduro said Wednesday that the firebrand leftist leader was undergoing "extremely tough and complex" treatment in the Cuban capital.

Declining to provide details about the course of treatment, Maduro insisted that Chavez was facing his medical travails with a "fighting spirit."

Capriles, who lost to Chavez in October's presidential election, however said the president could be in a condition that is "totally different" from what government ministers have described.

The governor of Miranda state refused to say whether he would again run for the presidency should a special election be called if Chavez -- who has been in power since 1999 -- is unable to carry on.

Chavez was too sick to attend his own inauguration on January 10, prompting the government to delay the swearing-in indefinitely under an interpretation of the constitution that was heavily criticized by the opposition.

Throughout his illness, first detected in June 2011, Chavez has refused to relinquish the powers of the presidency.

- AFP/jc

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Two kids crushed to death as school bus falls into gorge

DEHRADUN: Two school kids, six to seven years old, were crushed to death and four others seriously injured after a school mini bus fell into a gorge in Haridwar district of Uttarakhand on Thursday.

Haridwar SSP Arun Kumar Joshi said incident occurred at 8.10 am as the bus driver, Sunil, was trying to overtake a tempo. Joshi said that in the process the speeding bus overturned and fell into a gorge.

Joshi said these two kids, Diwanshu (6) and Radhika (7), died due to serious injuries on way to the hospital.

Sunil ran away from the spot. He was later arrested by police near Roorkee. Joshi said police have registered cases against driver on charge of rash and negligence driving.

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Why We Walk … and Run … And Walk Again to Get Where We're Going

You have to get to a bus stop to catch the once-an-hour express ... or to a restaurant to meet a friend ... or to a doctor's office. You've got maybe a half a mile to cover and you're worried you'll be late. You run, then you stop and walk, then run some more.

But wait. Wouldn't it be better to run the whole way?

Not necessarily.

A new study by an assistant professor of mechanical engineering at Ohio State University tests the theory that people subconsciously mix walking and running so they get where they need to. The idea is that "people move in a manner that minimizes energy consumption," said the professor, Manoj Srinivasan.

Srinivasan asked 36 subjects to cover 400 feet (122 meters), a bit more than the length of a football field. He gave them a time to arrive at the finish line and a stopwatch. If the deadline was supertight, they ran. If they had two minutes, they walked. And if the deadline was neither too short nor too far off, they toggled between walking and running.

The takeaway: Humans successfully make the walk-run adjustment as they go along, based on their sense of how far they have to go. "It's not like they decide beforehand," Srinivasan said. (Get tips, gear recommendations, and more in our Running Guide.)

The Best Technique for "the Twilight Zone"

"The mixture of walking and running is good when you have an intermediate amount of time," he explained. "I like to call it 'the Twilight Zone,' where you have neither infinite time nor do you have to be there now."

That ability to shift modes served ancient humans well. "It's basically an evolutionary argument," Srinivasan said. A prehistoric human seeking food would want to move in a way that conserves some energy so that if food is hard to find, the hunter won't run out of gas—and will still be able to rev it up to escape predators.

The study, published on January 30 in the Journal of the Royal Society Interface, doesn't answer that question of how we make such adjustments.

Runners: Take a Break if You Need It

The mix of walking and running is also something that nonelite marathoners are familiar with. Covering 26.2 miles might take less of a toll if the runner stops running from time to time, walks a bit, then resumes a jogging pace. "You use less energy overall and also give yourself a bit of a break," Srinivasan noted. (Watch: An elite marathoner on her passion for running.)

One take-home lesson is: Runners, don't push it all the time. A walk-run mix will minimize the energy you expend.

Lesson two: If you're a parent walking with your kid, and the kid lags behind, then runs to catch up, then lags again, the child isn't necessarily trying to annoy you. Rather, the child is perhaps exhibiting an innate ability to do the walk-run transition.

Potential lesson three: The knowledge that humans naturally move in a manner that minimizes energy consumption might be helpful in designing artificial limbs that feel more natural and will help the user reduce energy consumption.

The big question for Manoj Srinivasan: Now that he has his walk-run theory, does he consciously switch between running and walking when he's trying to get somewhere? "I must admit, no," he said. "When I want to get somewhere, I just let the body do its thing." But if he's in a rush, he'll make a mad dash.

"Talk to you tomorrow," he signed off in an email to National Geographic News. "Running to get to teaching now!"

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Ship Overcomes Towing Issues, Inches Closer to Port

The agonizingly slow progress of the stricken Carnival Triumph cruise ship carrying 4,000 passengers and crew was further delayed today by problems with the tug boats towing it in, meaning exhausted passengers may not get off the ship until nearly dawn.

The ship is now expected in port between 9:30 p.m. and 12:30 a.m. CT, according to Carnival. It could take up to five more hours to get everybody off the huge ship.

"There are some limitations. We know that up front," Carnival Cruise Senior Vice President of Marketing Terry Thornton said at a news conference this afternoon. "The ship still does not have power. We only have one functioning elevator aboard."

Thornton said that anyone with special needs and children will be the first to get off the boat. He said the company's number one priority is to make the process as "quick, efficient and comfortable" for guests as possible.

"We're not anticipating any additional difficulties," he said.

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

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

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 is assisting now and there are multiple generators on board. And customs officials will board the ship while it is being piloted to port to accelerate the embarkation, officials said.

After eight miserable days at sea, the ship's owners have increased the compensation for what some on board are calling the vacation from hell.

All 3,143 passengers aboard the 900 foot colossus, which stalled in the Gulf of Mexico after an engine room fire early Sunday, were already being given a full refund for the cruise, transportation expenses and vouchers for a another cruise. Carnival Cruise Lines is now boosting that offer to include another $500 per person. Gerry Cahill, president and CEO of Carnival Cruise Lines, announced the additional compensation Wednesday.

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Obama urges a move away from narrow focus on politics of austerity

Just about every argument in Washington since the 2010 midterm elections, which returned control of the House to Republicans, has centered on reducing the federal deficit. On Tuesday night, President Obama leaned into his second term by declaring that a single-minded focus on deficit reduction would jeopardize the nation’s future. And he sounded an urgent call to rebuild.

Reelected by an ascendent coalition, the president spoke from a position of strength in his fourth State of the Union address. The economy is improving. The Republican Party is in disarray. The time has come, Obama indicated, to pivot away from the politics of austerity.

“Most of us agree that a plan to reduce the deficit must be part of the agenda,” he said. “But let’s be clear: Deficit reduction alone is not an economic plan. A growing economy that creates good middle-class jobs — that must be the North Star that guides our efforts.”

The president rejected the fiscal brinkmanship that defined the past two years. Instead, he framed future fiscal debates as opportunities to shape a “smarter government” — one with new investments in science and innovation, with a rising minimum wage, with tax reform that eliminates loopholes and deductions for what the president labeled “the well-off and well-connected.”

Second-term presidents have a narrow window of time to enact significant change before they become lame ducks, and Obama, while echoing campaign themes of reinforcing the middle class, made an urgent case for a more pragmatic version of populism, one that emphasizes economic prosperity as the cornerstone of a fair society.

Over and over, he noted that the time to rebuild is now.

The “Fix-It-First” program that Obama outlined to put people to work on “urgent repairs,” such as structurally deficient bridges, bore echoes of President Bill Clinton’s call in his 1999 State of the Union address to “save Social Security first.” Clinton’s was an effective line, one that stopped — at least until President George W. Bush took office two years later — a Republican drive to use the budget surplus to cut taxes.

Although Obama’s speech lacked the conciliatory notes of some of his earlier State of the Union addresses, he did make overtures to Republicans and cited Mitt Romney, his presidential challenger, by name.

He combined tough talk about securing the border, which brought Republicans to their feet, with a pledge to entertain reasonable reforms to Medicare, the federal entitlement program that fellow Democrats are fighting to protect.

“Those of us who care deeply about programs like Medicare must embrace the need for modest reforms,” he said.

Obama also pledged to cut U.S. dependence on energy imports by expanding oil and gas development. And he singled out one area where he and Romney found agreement in last year’s campaign: linking increases in the minimum wage to the cost of living.

Obama set a bipartisan tone at the start of his speech, quoting from President John F. Kennedy’s address to Congress 51 years earlier when he said, “The Constitution makes us not rivals for power, but partners for progress.”

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Tennis: Nadal out of Brazil Open doubles over knee fear

SAO PAULO: Rafael Nadal will not play his scheduled doubles match at the Brazil Open Wednesday because of "knee overuse", organisers said.

But they added that the Spanish star intends to play his opening singles match Thursday against Brazilian Joao Souza.

World number five Nadal had been scheduled to team up with Argentina's David Nalbandian in a second-round encounter against Argentine Horacio Zeballos and Austrian Oliver Marach on Wednesday.

Former world number one Nadal only returned to the tour in Chile last week, where he lost in the final, after a seven-month injury absence.

"The conditions are very difficult. The court is not in the best condition and the ball is very difficult to control," Nalbandian told a press conference.

Nalbandian and Nadal won a hard-fought match 6-3, 3-6, 11-9 against Spaniards Pablo Andujar and Guillermo Garcia-Lopez on the court late Tuesday.

"It's too bad I cannot play the doubles after the match Rafa and I had (yesterday)," the Argentine said. "But he (Nadal) has to take care of himself and prepare for a long and hard year".

At a press conference Tuesday, Nadal complained about having to play so many hardcourt events

"That is a theme among the players and doctors," he said.

While conceding that reducing the number of events on hard surface was not possible at this time, he added: "I think that the ATP has to work to think of how to lengthen tennis players' careers."

"Can you imagine football players playing on cement?" he added.

"I am a bit tired after a hard week in Chile. But it was positive. The process of recovery follows its course," Nadal also said. "As always I come here to do the best possible and hope that things turn out all right."

Asked when he expected to be 100 per cent fit, he responded: "I cannot know the future. If my knee allows, I will do everything possible to be at my best."

"I am a player who plays with a lot passion, a lot of energy. I suppose that does not help the knee."

"My long-term objective is to be in Brazil in 2016 (for the Rio Summer Olympics). I am going to work to arrive in good condition at what are likely to be my last Olympics," he said.

Considered by many to be the best ever claycourt player, seven-time French Open champion Nadal was back in Chile last week for the first time since a surprise second-round exit at Wimbledon in June.

The world number five lost the singles and doubles finals in the Vina del Mar Open on Sunday.

- AFP/jc

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When loves turns into hate

Once, love was all about getting romantic. Now, it's about getting back. The number of cases of possessive lovers hacking mail accounts and spamming their ex-partners have soared. "Creating fake profiles and indiscriminate sending of mails for harassment are complaints that we often encounter," admits a senior police officer in Bangalore, the country's IT capital which regularly sees such cases.

A recent survey, conducted by online security firm McAfee, which covered 967 respondents in Chennai, Mumbai and Delhi and a few other cities, found that more than 26% of the 200-odd ex-lovers interviewed in Chennai admitted to have threatened their former partners of making public their intimate pictures and messages. What's more, all of them carried out the threats. In Mumbai, more than 34% of the respondents said they had faced these threats from their ex-partners, and that 77% had carried out the threats. In Delhi, the rate of those who had received such threats was 31%, with 71% carrying out the threats. In fact, the survey which was replicated in nine other countries, found that Indian respondents ranked the highest, in terms of having behaved in a way so as to disturb or damage the relationship of the ex-partner and their new partner.

Many attribute this retaliatory behavior to the way relationships are structured now in an increasingly online environment where every moment of your partner's life can be tracked. "Everything about dating has changed in the age of social networking," says Rushali Naik, a postgraduate student. "Gone are the days when one could admire someone from a distance and daydream about them. Now, we have so much access to the other person's life that it's frightening."

And once the relationship turns sour, it just takes a few clicks to turn life hell for the person you once loved. BN Gangadhar, professor of psychiatry, Nimhans, says that it's a dangerous trend. "An adverse post on Facebook can even send someone into depression."

A flip side of these heartbreaks and the resultant hatred is that a number of websites have sprouted to provide ex-lovers an outlet. A few like Neverlikeditanyway.com are e-commerce driven which allow you to sell gifts given by your ex in order to let go of the pain. Lucknow-based Richa who was recently dumped by her boyfriend is planning to sell a ruby ring gifted by him. "Whenever I see the ring, it just reminds me on how he cheated on me. It will be a catharsis getting rid of it."

(Reports by Arun Dev in Bangalore; M Ramya in Chennai and Priyangi Agarwal in Lucknow)

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Are Honeybees Losing Their Way?

A single honeybee visits hundreds, sometimes thousands, of flowers a day in search of nectar and pollen. Then it must find its way back to the hive, navigating distances up to five miles (eight kilometers), and perform a "waggle dance" to tell the other bees where the flowers are.

A new study shows that long-term exposure to a combination of certain pesticides might impair the bee's ability to carry out its pollen mission.

"Any impairment in their ability to do this could have a strong effect on their survival," said Geraldine Wright, a neuroscientist at Newcastle University in England and co-author of a new study posted online February 7, 2013, in the Journal of Experimental Biology.

Wright's study adds to the growing body of research that shows that the honeybee's ability to thrive is being threatened. Scientists are still researching how pesticides may be contributing to colony collapse disorder (CCD), a rapid die-off seen in millions of honeybees throughout the world since 2006.

"Pesticides are very likely to be involved in CCD and also in the loss of other types of pollinators," Wright said. (See the diversity of pollinating creatures in a photo gallery from National Geographic magazine.)

Bees depend on what's called "scent memory" to find flowers teeming with nectar and pollen. Their ability to rapidly learn, remember, and communicate with each other has made them highly efficient foragers, using the waggle dance to educate others about the site of the food source.

Watch as National Geographic explains the waggle dance.

Their pollination of plants is responsible for the existence of nearly a third of the food we eat and has a similar impact on wildlife food supplies.

Previous studies have shown certain types of pesticides affect a bee's learning and memory. Wright's team wanted to investigate if the combination of different pesticides had an even greater effect on the learning and memory of honeybees.

"Honeybees learn to associate floral colors and scents with the quality of food rewards," Wright explained. "The pesticides affect the neurons involved in these behaviors. These [affected] bees are likely to have difficulty communicating with other members of the colony."

The experiment used a classic procedure with a daunting name: olfactory conditioning of the proboscis extension reflex. In layman's terms, the bee sticks out its tongue in response to odor and food rewards.

For the experiment, bees were collected from the colony entrance, placed in glass vials, and then transferred into plastic sandwich boxes. For three days the bees were fed a sucrose solution laced with sublethal doses of pesticides. The team measured short-term and long-term memory at 10-minute and 24-hour intervals respectively. (Watch of a video of a similar type of bee experiment.)

This study is the first to show that when pesticides are combined, the impact on bees is far worse than exposure to just one pesticide. "This is particularly important because one of the pesticides we used, coumaphos, is a 'medicine' used to treat Varroa mites [pests that have been implicated in CCD] in honeybee colonies throughout the world," Wright said.

The pesticide, in addition to killing the mites, might also be making honeybees more vulnerable to poisoning and effects from other pesticides.

Stephen Buchmann of the Pollinator Partnership, who was not part of Wright's study, underscored how critical pollinators are for the world. "The main threat to pollinators is habitat destruction and alteration. We're rapidly losing pollinator habitats, natural areas, and food—producing agricultural lands that are essential for our survival and well being. Along with habitat destruction, insecticides weaken pollinators and other beneficial insects."

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