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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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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Exclusive: North Korea tells China of preparations for fresh nuclear test - source

BEIJING (Reuters) - North Korea has told its key ally, China, that it is prepared to stage one or even two more nuclear tests this year in an effort to force the United States into diplomatic talks, said a source with direct knowledge of the message.

Further tests could also be accompanied this year by another rocket launch, said the source, who has direct access to the top levels of government in both Beijing and Pyongyang.

North Korea conducted its third nuclear test on Tuesday, drawing global condemnation and a stern warning from the United States that it was a threat and a provocation.

"It's all ready. A fourth and fifth nuclear test and a rocket launch could be conducted soon, possibly this year," the source said, adding that the fourth nuclear test would be much larger than the third, at an equivalent of 10 kilotons of TNT.

The tests will be undertaken, the source said, unless Washington holds talks with North Korea and abandons its policy of what Pyongyang sees as attempts at regime change.

North Korea also reiterated its long-standing desire for the United States to sign a final peace agreement with it and establish diplomatic relations, he said. North Korea remains technically at war with both the United States and South Korea after the Korean war ended in 1953 with a truce.

In Washington, U.S. State Department spokeswoman Victoria Nuland urged North Korea to "refrain from additional provocative actions that would violate its international obligations" under three different sets of U.N. Security Council resolutions that prohibit nuclear and missile tests.

North Korea "is not going to achieve anything in terms of the health, welfare, safety, future of its own people by these kinds of continued provocative actions. It's just going to lead to more isolation," Nuland told reporters.

The Pentagon also weighed in, calling North Korea's missile and nuclear programs "a threat to U.S. national security and to international peace and security."

"The United States remains vigilant in the face of North Korean provocations and steadfast in our defense commitments to allies in the region," said Pentagon spokeswoman Major Catherine Wilkinson.

Initial estimates of this week's test from South Korea's military put its yield at the equivalent of 6-7 kilotons, although a final assessment of yield and what material was used in the explosion may be weeks away.

North Korea's latest test, its third since 2006, prompted warnings from Washington and others that more sanctions would be imposed on the isolated state. The U.N. Security Council has only just tightened sanctions on Pyongyang after it launched a long-range rocket in December.

Pyongyang is banned under U.N. sanctions from developing missile or nuclear technology after its 2006 and 2009 nuclear tests.

North Korea worked to ready its nuclear test site, about 100 km (60 miles) from its border with China, throughout last year, according to commercially available satellite imagery. The images show that it may have already prepared for at least one more test, beyond Tuesday's subterranean explosion.

"Based on satellite imagery that showed there were the same activities in two tunnels, they have one tunnel left after the latest test," said Kune Y. Suh, a nuclear engineering professor at Seoul National University in South Korea.

Analysis of satellite imagery released on Friday by specialist North Korea website 38North showed activity at a rocket site that appeared to indicate it was being prepared for a launch (http://38north.org/2013/02/tonghae021413/).

NORTH 'NOT AFRAID' OF SANCTIONS

President Barack Obama pledged after this week's nuclear test "to lead the world in taking firm action in response to these threats" and diplomats at the U.N. Security Council have already started discussing potential new sanctions.

North Korea has said the test was a reaction to "U.S. hostility" following its December rocket launch. Critics say the rocket launch was aimed at developing technology for an intercontinental ballistic missile.

"(North) Korea is not afraid of (further) sanctions," the source said. "It is confident agricultural and economic reforms will boost grain harvests this year, reducing its food reliance on China."

North Korea's isolated and small economy has few links with the outside world apart from China, its major trading partner and sole influential diplomatic ally.

China signed up for international sanctions against North Korea after the 2006 and 2009 nuclear tests and for a U.N. Security Council resolution passed in January to condemn the latest rocket launch. However, Beijing has stopped short of abandoning all support for Pyongyang.

Sanctions have so far not discouraged North Korea from pursuing its nuclear ambitions.

"It is like watching the same movie over and over again," said Lee Woo-young, a professor at Seoul's University of North Korean Studies. "The idea that stronger sanctions make North Korea stop developing nuclear programs isn't effective in my view."

The source with ties to Beijing and Pyongyang said China would again support U.N. sanctions. He declined to comment on what level of sanctions Beijing would be willing to endorse.

"When China supported U.N. sanctions ... (North) Korea angrily called China a puppet of the United States," he said. "There will be new sanctions which will be harsh. China is likely to agree to it," he said, without elaborating.

He said however that Beijing would not cut food and fuel supplies to North Korea, a measure it reportedly took after a previous nuclear test.

He said North Korea's actions were a distraction for China's leadership, which was concerned that the escalations could inflame public opinion in China and hasten military build-ups in the region.

The source said he saw little room for compromise under North Korea's youthful new leader, Kim Jong-un. The third Kim to rule North Korea is just 30 years old and took over from his father in December 2011.

He appears to have followed his father, Kim Jong-il, in the "military first" strategy that has pushed North Korea ever closer to a workable nuclear missile at the expense of economic development.

"He is much tougher than his father," the source said.

(Additional reporting by Arshad Mohammed and Phillip Stewart in WASHINGTON; Writing by David Chance; Editing by Raju Gopalakrishnan, David Brunnstrom and Jackie Frank)

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S. Korea leader says only regime fall will change North

SEOUL: North Korea can never be made to abandon its nuclear weapons programme, South Korean President Lee Myung-Bak said Friday, arguing that only regime collapse could remove the threat from Pyongyang.

As the UN Security Council continues to debate how to punish the North for its latest nuclear test, the outgoing president suggested the best way forward was to try to foment unrest among the North Korean people.

"It has become impossible to have North Korea give up its nuclear weapons through dialogue and negotiations", Lee told a meeting of senior dignitaries including former government ministers and religious leaders.

"We cannot hope the North will part with its nuclear programmes until its regime changes or collapses", he said.

"We can help change the North Korean people, if not the North Korean regime itself."

Lee is set to leave office in 10 days at the end of a five-year term marked by an almost complete breakdown in contacts between Seoul and Pyongyang.

Lee had always promised to take a harder line than his predecessors, making continued aid to the impoverished North conditional on progress in talks on its nuclear programme.

His successor, president-elect Park Geun-Hye, campaigned on a policy of greater engagement with Pyongyang, but Tuesday's nuclear test will almost certainly see that policy shelved for months, if not longer.

-AFP/fl

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Photoshop 1.0 source code now a museum artifact

The Photoshop 1.0 splash screen

(Credit:
Computer History Museum)

The Computer History Museum has made the source code for Photoshop 1.0.1 into an exhibit that lets the public, or at least programmers, appreciate the inner workings of the historic software.

The museum published the software yesterday, following up on its earlier release of the source code underlying Apple's original MacPaint.

Source code is what humans write -- in Photoshop 1.0's case the brothers Thomas and John Knoll. The initial Photoshop is written in written 128,000 lines of code, a combination of the high-level Pascal programming language and low-level assembly-language instructions. When converted to machine code, the program was small enough to fit on a floppy disk.

Photoshop started in the 1980s as a personal project the brothers called Display, but they started trying to commercialize it, according to the museum's exhibit. Their first success was version 0.87, which scanner maker Barneyscan called Barneyscan XP, but Adobe Systems agreed to a deal in 1989 and distributed Photohshop 1.0.1 in 1990.

Photoshop 1.0.1 dates from a time when many computer screens were small and could display only black or white pixels -- not even gray. And of course image processing is very taxing for computer chips. Although today's large, color monitors are very different, Photoshop still pushes computer processors about as hard as they'll go.

The museum also published the Photoshop 1.0 user guide and tutorial documentation.

Of course, new types of museum exhibits mean things change for those perusing the exhibits, too. In this case, it's a 1,400-word license agreement to see the Photoshop source.

Photoshop 1.0 in action

(Credit:
Creative Bits and the Computer History Museum)

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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

After five days without power in the Gulf of Mexico, the Carnival Triumph cruise ship carrying more than 4,000 people arrived in Mobile, Ala., to greet a cheering crowd of friends and family members waiting to embrace their loved ones.

Passengers began to disembark the damaged ship around 10:15 p.m. CT Thursday and continued into the overnight hours. Other waiting passengers lined the decks of the ship, waving, and whistling to those on shore. "Happy V-Day" read a homemade sign made for the Valentine's Day arrival and another, more starkly: "The ship's afloat, so is the sewage."

Some still aboard chanted, "Let me off, let me off!" and "Sweet Home Alabama."

The Carnival Triumph departed Galveston, Texas, last 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.

Click Here for Photos of the Stranded Ship at Sea

Passengers said many of the cabins became intolerable with the smell of raw sewage. They were forced to create makeshift beds out of lounge chairs on the ship's deck.

AP Photo/John David Mercer

Girl Disembarks Cruise Ship, Kisses the Ground Watch Video

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Carnival Cruise Ship Passengers Line Up for Food Watch Video

"We kind of camped out by our lifeboat. We would have nightmares about Titanic basically happening," passenger Kendall Jenkins told ABC News Radio after disembarking from the ship.

"I am just so blessed to be back home," she added.

Jenkins was one of many passengers that were photographed kissing the ground when they exited the ship.

WATCH: Carnival CEO Gerry Cahill Apologizes to Passengers

Approximately 100 buses were waiting to take passengers on the next stage of their journey. Passengers have the option to take a bus ride to New Orleans or Galveston, Texas, where the ill-fated ship's voyage began. From there, passengers will take flights home, which Carnival said they would pay for.

Inside the buses, Carnival handed out bags of food that included French fries, chicken nuggets, honey mustard barbecue sauce and apples.

Deborah Knight, 56, decided to stay in Mobile after the arduous journey was over rather than board a bus for a long ride. Her husband Seth drove in from Houston and they checked in at a downtown Mobile hotel.

"I want a hot shower and a daggum Whataburger," said Knight.

She said she was afraid to eat the food on board and had gotten sick while on the ship.

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For 24-year-old Brittany Ferguson of Texas, not knowing how long passengers had to endure their time aboard was the worst part.

"I'm feeling awesome just to see land and buildings," Ferguson said, who was in a white robe given to her aboard. "The scariest part was just not knowing when we'd get back," she told The Associated Press.

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 shortly before the Carnival Triumph arrived in Mobile.

"I know the conditions on board were very poor," Cahill said Thursday night. "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."

Luckily no one was hurt in the fire they triggered the power outage, but many passengers aboard the 900 foot colossus said they smelled smoke and were living in fear.

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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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Ex-CNB chief found not guilty of corruption

SINGAPORE: Former Central Narcotics Bureau (CNB) chief Ng Boon Gay is not guilty of corruption in a high-profile sex-for-contracts trial.

The verdict was handed down by District Judge Siva Shanmugam on Thursday afternoon.

The judge said there was no corrupt element involved, and found Cecilia Sue's credibility to be successfully impeached.

He said her explanations on inconsistencies in her statements to the Corrupt Practices Investigation Bureau (CPIB) and evidence in court were inadequate and unconvincing.

The judge also found Ng's evidence to be consistent and credible.

Ng, 46, was charged in June last year with four counts of obtaining sexual favours from Ms Sue, who was a sales manager for two IT vendors.

Ng allegedly breached the Prevention of Corruption Act by engaging in sexual acts with Ms Sue on four occasions, between June and December in 2011.

Ms Sue, 36, was the sales manager of Hitachi Data Systems from June to November 2011.

She joined Oracle Corporation Singapore in December in 2011 as its senior sales manager.

In exchange, Ng was accused of furthering the business interests of the two IT companies in their dealings with CNB.

After a closely-watched 14-day trial, both the prosecution and defence made their closing arguments on 28 January 2013.

- CNA/xq

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Researchers develop a more accurate car navigation system

Researchers say new navigation system can be installed on any vehicle, including a Volkswagen Touareg.

(Credit:
Josh Miller/CNET)

Driverless cars could get a big boost from a new system that researchers say will increase the accuracy of in-car satellite navigation systems by 90 percent.

Researchers say the system combines conventional GPS signals with data from sensors such as accelerometers and gyroscopes to determine a vehicle's position within six feet of its location, a dramatic reduction from the current margin of error of 50 feet. The system can be installed inexpensively in any vehicle, say researchers at Spain's Universidad Carlos III de Madrid, where the system was developed.

"We have managed to improve the determination of a vehicle's position in critical cases by between 50 and 90 percent, depending on the degree of the signals' degradation and the time that is affecting the degradation on the GPS receiver," David Martín, a researcher at the Systems Intelligence Laboratory, said in a statement describing the project.

The system aims to tackle the greatest challenge faced by conventional GPS systems in urban settings: loss or disruption of satellite signal due to interference created by buildings, trees, and tunnels. The new system uses contextual information and an algorithm that eliminates deviations caused by degradation or loss of signal from satellites.

The researchers have installed a prototype system on an "intelligent
car" with the goal of capturing and interpreting all the information available while driving a car. The team sees applications of the system in driverless car systems currently under development by Google and a handful of automakers.

"Future applications that will benefit from the technology that we are currently working on will include cooperative driving, automatic maneuvers for the safety of pedestrians, autonomous vehicles or cooperative collision warning systems," the team said.

Ultimately, the team hopes to develop a system that harnesses the sensors built in to smartphones, such an accelerometer, a gyroscope, a magnetometer, and GPS, as well as taking advantage of communications tools such as Wi-Fi, Bluetooth, and GSM.

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Couple: "Calm" Dorner tied us up in our condo

LOS ANGELES A California couple says fugitive ex-police officer Christopher Dorner tied them up in their mountain condominium and stole their car before the firefight that led to his presumed death.

Karen and Jim Reynolds said at a news conference Wednesday that they came upon Dorner when they entered the condo in Big Bear, Calif. Tuesday, and believe he'd been there as early as Friday.

They say Dorner had a gun but said he wouldn't hurt them.

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CBS Los Angeles station KCBS-TV reports Karen said, "He talked to us. Tried to calm us down. And saying very frequently he would not kill us."

"He was very calm and very methodical," said Karen.

Authorities couldn't immediately verify their story, but it matched early reports from law enforcement officials. Later reports said the incident involved two women from a cleaning crew.

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Ex-LAPD cop accused of going on killing spree

The Reynolds said they went to the cabin noon to clean it for rental purposes, and that's when they -- and not two cleaning ladies as had been reported - met up with Dorner, KCBS says.

The Reynolds say he tied their arms and put pillowcases over their heads before fleeing in their Nissan.

Karen Reynolds managed to get to her cell phone and dial 911.

The couple, who said Dorner had his gun drawn the entire time, said they were with the suspect for 15 minutes, KCBS adds. "It felt like a lot longer," said Karen. "I really thought that it was the end."

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