The plaintiff, Verónica Abella, brought a lawsuit against the defendant, Los Cipreses SA, for compensation for damages that the plaintiff said that she had suffered as a passenger of the Eladia Isabel, on the occasion of the arrival at the port of Buenos Aires on 23 August 2008, as a result of an abrupt manoeuvre caused by the impact of the ship against the north wall of the 'Yacht Club Argentino'. The first instance Judge rejected the lawsuit, considering that the plaintiff did not prove that the defendant was liable for the incident.

Held: As the accident occurred on an international voyage between the Uruguayan port of Colonia and the Argentine port of Buenos Aires, the case is submitted to the 1940 Montevideo Treaty (Tratado de Montevideo de Navegación Comercial Internacional de 1940). Article 26 of this Treaty states as the applicable law the law of the place of disembarkation of the passenger, ie the law of Argentina. According to art 330 of the Argentine Navigation Act N° 20.094, the carrier is liable for damages caused to the passenger during the transport due to the fault or neglect of the carrier or of its servants or agents acting within the scope of their employment. The Court stated that there was no need to analyse if the case was one of those stated in the second para of art 330 (sinking, collision, stranding, explosion, or fire) because it was proved that the allision was caused by the neglect of the master of the vessel. In addition, the Court considered that the damages claimed (physical injury, the need for psychological therapy) had been also proved. Therefore, the first instance decision was overruled and the lawsuit admitted.