Norwegian Bjoern Eidissen alleges in a suit filed in Miami-Dade Circuit Court that the cruise line failed to maintain and service ballast tanks such as the one that leaked poisonous hydrogen sulfide gas on Sept. 2, 2005, reported The Miami Herald Saturday.

''He was on the ship and rushed in along with other crew members and was exposed to the gas,'' said Miami attorney John H. (Jack) Hickey, who represents Eidissen. ``We believe he suffered traumatic brain injury.''

Eidissen's suit seeks unspecified money damages, saying he is unable to work due to the injuries.

Royal Caribbean said in a Friday statement that a rescue team using breathing apparatus focused on recovering the three crew members who had been overcome by gas during the leak. Eidissen's role was not mentioned in their description of the incident, which occurred while passengers were disembarking.

''None were affected in any way,'' said the company statement. ``At no time were there any reports of dangerous gas levels within crew or guest accommodation or public spaces.''