December 05, 2013
Jane Doe v. Carnival Corp.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff sues Defendant and alleges:
1. Plaintiff is a citizen of the state of New York and Defendant Carnival is a corporation incorporated under the laws of Panama having its principal place of business in Florida.
2. The matter in controversy exceeds, exclusive of interest and costs, the sum specified by 28 U.S.C. 1332. In the alternative if diversity jurisdiction does not apply, then this matter falls under the admiralty and maritime jurisdiction of this Court.
3. Defendant, Carnival Corporation, at all times material hereto, personally or through an agent;
a. 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;
b. Was engaged in substantial activity within this state;
c. Operated vessels in the waters of this state;
d. Committed one or more of the acts stated in Florida Statutes, Sections 48.081, 48.181 or 48.193;
e. The acts of Defendant set out in this Complaint occurred in whole or in part in this county and/or state.
f. 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, Carnival Splendor.
4. Defendant is subject to the jurisdiction of the Courts of this state.
5. The causes of action asserted in this Complaint arise under the General Maritime Law of the United States.
6. At all times material hereto, Defendant owned, operated, managed, maintained and/or controlled the vessel, Carnival Splendor.
7. On or about March 8, 2013, Plaintiff was a paying passenger on Defendant’s vessel which was in navigable waters.
COUNT I – NEGLIGENCE
Plaintiff realleges, adopts, and incorporates by reference the allegations in paragraphs 1 through 7 as though alleged originally herein, and further alleges:
1. It was the duty of Defendant Carnival to provide Plaintiff with reasonable care under the circumstances.
2. On or about March 8, 2013, Carnival and/or its agents, servants, and/or employees breached its duty to provide Plaintiff with reasonable care under the circumstances.
3.Plaintiff was injured as a result of this breach due to the ault and/or negligence of Defendant Carnival, and/or its agents, servants, and/or employees as follows:
a. Failure to have proper shower in Plaintiff’s cabin bathroom; and/or
b. Failure to utilize adequate flooring in the bathroom/shower; and/or
c. Failure to adequately design shower in cabin bathroom so that it would not present a slipping hazard; and/or
d. Failure to provide adequate markings and/or warnings of slipping hazards in bathroom/shower; and/or
e. Failure to warn of dangers of showering in cabin bathroom; and/or
f. Failure to determine hazards in cabin bathroom and/or shower; and/or
g. Failure to warn of dangers presented by the slippery flooring surface in the shower and/or bathroom; and/or
h. Failure to provide non-slip mats in cabin bathroom and/or shower; and/or
i. Failure to provide an adequately slip resistant flooring surface in Plaintiff’s cabin shower and/or bathroom; and/or
j. Failure to provide adequate hand-holds and/or grips in the cabin hower and/or failure to instruct on the use of any potential hand-holds; and/or
k. Failure to provide an adequate shower door to prevent persons from slipping and falling in the shower; and/or
Failure to promulgate and/or enforce adequate policies and/or procedures so as to maintain reasonably safe conditions in the cabin bathroom and/or shower including but not limited to maintaining adequate flooring surfaces and adequately marking and/or warning of hazards; and/or
m. Failure to take corrective measures despite prior similar incidents.
n. At all material times, Defendant Carnival had exclusive custody and control of the vessel, Carnival Miracle.
o. 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.
p. As a result of the negligence of Defendant the Plaintiff was injured about Plaintiff’s body and extremities, suffered physical pain and suffering, mental and emotional anguish, loss of enjoyment of life, physical disability, impairment, inconvenience in the normal pursuits and pleasures of life, feelings of economic insecurity, disfigurement, aggravation of any previously existing conditions therefrom, incurred medical expenses in the care and treatment of her injuries including life care, incurred special transportation costs after being discharged from the vessel, suffered physical handicap, lost wages, income lost in the past, and her working ability and earning capacity have been impaired. The injuries and damages are permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. Further, Plaintiff lost the value of her vacation cruise for which she incurred expenses, including, but not limited to the cost of the cruise ticket for herself and others as well as transportation costs.
Wherefore, Plaintiff demands judgment for all damages recoverable under the law against the Defendant and demands trial by jury.
LIPCON, MARGULIES, ALSINA & WINKLEMAN, P.A.
Attorneys for Plaintiff
One Biscayne Tower, Suite 1776
Miami, Florida 33131
Telephone: (305) 373-3016
Facsimile: (305) 373-6204
By: /s/Eric C. Morales
ERIC CHARLES MORALES
FLORIDA BAR #91875
Dated: December 5, 2013