E.C., Plaintiff, v. CARNIVAL CORPORATION,

Lipcon, Margulies, Alsina & Winkleman, P.A

March 5, 2015

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

IN ADMIRALTY

CASE NO.                                                    

 

E.C.,

Plaintiff,

v.

CARNIVAL CORPORATION,

Defendant.

                                                                        /

 

COMPLAINT

Plaintiff sues Defendant and alleges:

PRELIMINARY ALLEGATIONS

  1. Plaintiff, E.C. (“Plaintiff”), is a citizen of Florida.
  2. Defendant, CARNIVAL CORPORATION (“Defendant”), is a foreign entity with its principal place of business in Miami, Florida.
  3. This is a case of admiralty and maritime jurisdiction, as hereinafter more fully appears. This is an admiralty or maritime claim within the meaning of Rule 9(h).
  4. At all times material hereto, Defendant, personally or through an agent:
    1. Operated, conducted, engaged in or carried on a business venture in this state and/or county or had an office or agency in this state and/or county;
    2. Was engaged in substantial activity within this state;
    3. Operated vessels in the waters of this state;
    4. Committed one or more of the acts stated in Florida Statutes §§ 48.081, 48.181 or 48.193;
    5. The acts of Defendant set out in this Complaint occurred in whole or in part in this county and/or state.
    6. The Defendant was engaged in the business of providing to the public and to the Plaintiff in particular, for compensation, vacation cruises aboard the vessel, the Carnival Ecstasy.
  5. Defendant is subject to the jurisdiction of the courts of this state.
  6. The causes of action asserted in this Complaint arise under the General Maritime Law of the United States.
  7. At all times material hereto, Defendant owned, operated, managed, maintained and/or controlled the vessel, the Carnival Ecstasy.
  8. At all times material hereto, Defendant had exclusive custody and control of the vessel, the Carnival Ecstasy.
  9. On or about June 1, 2014, Plaintiff was a paying passenger on Defendant’s vessel which was in navigable waters.
  10. On or about June 1, 2014, Plaintiff was severely injured when her eye was impacted by the corner of an upper berth positioned over her head.

COUNT I – NEGLIGENCE

          The Plaintiff realleges, adopts, and incorporates by reference the allegations in paragraphs one (1) through ten (10) as though alleged originally herein.

  1. It was the duty of Defendant to provide Plaintiff with reasonable care under the circumstances.
  2. On or about June 1, 2014, Defendant and/or its agents, servants, and/or employees breached its duty to provide Plaintiff with reasonable care under the circumstances.
  3. On or about June 1, 2014, Plaintiff was injured due to the fault and/or negligence of Defendant, and/or its agents, servants, and/or employees as follows:
    1. Failure to have reasonably safe bed setup in cabin; and/or
    2. Failure to have reasonably safe upper berths in cabin; and/or
    3. Failure to adequately position and make up beds so as to minimize the risk to passengers entering and exiting beds; and/or
    4. Failure to have adequate lighting in cabin; and/or
    5. Failure to have night lights in cabin; and/or
    6. Failure to pad overhead surfaces supporting upper berths in cabin; and/or
    7. Failure to adequately mark the corners and edges of upper berth to be readily apparent to the Plaintiff underneath, and not hidden and/or camouflaged; and/or
    8. Failure to adequately pad the corners and edges of upper berth; and/or
    9. Failure to adequately warn the Plaintiff of the danger posed by the overhead berth and/or positioning and make up of cabin beds; and/or
    10. Failure to adequately warn the Plaintiff of other accidents previously occurring onboard Defendants ships involving the positioning of beds and exposed corners and edges of upper berths; and/or
    11. Failure to promulgate and/or enforce adequate policies and procedures to ensure that beds are safely positioned and made up in cabins so that there are no exposed corners and edges of upper berths positioned over the heads of passengers; and/or

 

  1. Failure to promulgate and/or enforce adequate policies and procedures to ensure that passengers are adequately warned that beds are positioned and made up in cabins with exposed corners and edges of upper berths positioned over the heads of passengers; and/or
  2. Failure to correct hazardous conditions following accidents previously occurring onboard Defendants ships involving the positioning of beds and exposed corners and edges of upper berths; and/or
  3. Failure to analyze accidents previously occurring onboard Defendants ships involving the positioning of beds and exposed corners and edges of upper berths aboard Defendant’s vessels so as to remedy such hazardous conditions; and/or
  4. Failure to incorporate applicable standards, including the Americans with Disabilities Act (ADA), to the Plaintiff’s cabin;

all or some of which caused and/or contributed to the Plaintiff injuring her eye when it was impacted by the exposed corner of the upper berth positioned over the head of the lower bed.

  1. Defendant knew of the foregoing conditions causing Plaintiff’s accident and did not correct them, or the conditions existed for a sufficient length of time so that Defendant in the exercise of reasonable care under the circumstances should have learned of them and corrected them. In addition, Defendant violated the International Safety Management Code and failed to have a proper, adequate and safe Safety Management System Manual (SQM) and/or failed to follower their SQM manual. All the above caused the Plaintiff to be injured.
  2. As a result of the negligence of Defendant, the Plaintiff was injured about Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment of life, disability, disfigurement, aggravation of any previously existing conditions there from, incurred medical expenses in the care and treatment of Plaintiff’s injuries, suffered physical handicap, lost wages and her working ability has been impaired. The injuries are permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. In addition, Plaintiff lost the benefit of Plaintiff’s vacation, cruise, and transportation costs.

          Wherefore, the Plaintiff demands judgment for all damages recoverable under the law against the defendant.

Respectfully submitted,

LIPCON, MARGULIES,

ALSINA & WINKLEMAN, P.A.

Attorneys for Plaintiff

One Biscayne Tower, Suite 1776

2 S. Biscayne Boulevard

Miami, Florida 33131

Tel.: (305) 373-3016

Fax: (305) 373-6204

By:   /s/ Jason R. Margulies                        

JASON R. MARGULIES

Florida Bar No. 57916

Email: [email protected]

JACQUELINE GARCELL

Florida Bar No. 104358

Email: [email protected]