Jane Doe v. Celebrity Cruises, Inc.

Lipcon, Margulies, Alsina & Winkleman, P.A

September 07, 2012

Jane Doe v. Celebrity Cruises, Inc.

Complaint

In this complaint filedin the Southern District of Florida, our experienced maritime lawyers bring a claim against celebrity crusies for an injury sustained by a passenger. In this case, a passenger was injured when she missed a step and fell, injuring herself. This passenger fell because Celebrity Cruises allowed the step to fall into disrepair by not fixing a lighting strip which marked the edge of the step.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO.
JANE DOE,
Plaintiff,

v.

CELEBRITY CRUISES, INC.,
Defendant.
________________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff sues Defendant and alleges:

Preliminary Allegations

1. Plaintiff is a resident of the state of South Carolina and defendant is a corporation incorporated under the laws of Liberia having its principal place of business in Florida. The matter in controversy exceeds, exclusive of interest and costs, the sum specified by 28 U.S.C. 1332. In the event diversity jurisdiction does not apply, then this matter is being brought under the admiralty and maritime jurisdiction of the court.
2. Defendant, 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 and/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, for compensation, vacation cruises aboard their vessel.
3. Defendant is subject to the jurisdiction of the Courts of this state.
4. The causes of action asserted in this Complaint arise under the General Maritime Law of the United States.
5. At all times material hereto, Defendant owned, operated, managed, maintained and/or controlled the vessel Celebrity Infinity.
6. On or about December 4, 2011, Plaintiff was a paying passenger on Defendant’s vessel, which was in navigable water. Defendant is in possession of a copy of Plaintiff’s passenger ticket contract.

Count I-Negligence

Plaintiff adopts, re-alleges and incorporates by reference paragraphs one through six as though originally alleged herein.
7. It was the duty of Defendant, Celebrity Cruises, Inc, to provide Plaintiff with reasonable care under the circumstances.
8. On or about December 4, 2011 as a result of the failure of the Defendant, its agents, servants, and/or employees to fulfill its duty of reasonable care under the circumstances owed to the Plaintiff, Plaintiff suffered personal injury when she tripped and fell over an unmarked step on board the Celebrity Infinity while walking in the area of the Constellation Lounge.
9. Defendant failed in its duty to provide reasonable care under the circumstances to the Plaintiff by;
a. Using a carpeting or other material to cover the flooring surface in the area of the Plaintiff’s fall that created an optical illusion and hid the subject step and/or;
b. Failing to have working lighting and/or other markings to indicate the location of the subject step, and/or;
c. Failing to have an adequate flooring surface for the floor area where the Plaintiff suffered her accident, and/or;
d. Failing to warn Plaintiff of the presence of the hidden step in the subject area, and/or;
e. Knowing from prior similar incidents/accidents that the flooring area where Plaintiff was injured was prone to causing falls and failing to correct the known defects, and/or;
f. Failing to have adequate handrails for the Plaintiff to brace herself and avoid falling, and/or;
g. Failing to close off the subject step to protect passengers from the dangerous condition it was in due to a broken light that was used to indicate the presence of the step, and/or;
h. Failing to put up adequate warning signs or cones warning Plaintiff of the dangerous condition in and around the area where she suffered her accident, and/or;
i. Failing to have adequate procedures in place in order to ensure the floor area where in Plaintiff suffered her accident was free from any dangerous conditions, and/or;
j. Failing to have an adequate maintenance schedule in place in order to detect and correct any defects that would create a dangerous condition on the floor area where Plaintiff suffered her accident, and/or;
k. Failing to have proper and adequate lighting in the area of Plaintiff’s accident, and/or;
l. Leaving un-repaired or incomplete renovations in the constellation lounge after dry-docking, all of which caused Plaintiff to be injured when she tripped and fell.
10. At all material times, Defendant had exclusive custody and control of the above named vessel.
11. At all times material hereto, Defendant negligently failed to determine the hazards on the vessel to Plaintiff, failed to eliminate the hazards, failed to modify the hazards and failed to properly warn Plaintiff of the hazards. 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.
12. 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.
13. As a result of the negligence of the Defendant, the Plaintiff was injured about Plaintiff’s body and extremities, including severe 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, feeling of economic insecurity, disfigurement, aggravation of any previously existing conditions therefrom, incurred medical expenses in the care and treatment of his injuries including life care, incurred special transportation costs after being discharged from the vessel and suffered physical handicap. 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 himself and others as well as transportation costs.

WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the law against the Defendants and demands jury trial of all issues so triable.

Respectfully submitted,
LIPCON, MARGULIES,
ALSINA & WINKLEMAN, P.A.
Attorneys for Plaintiff
Suite 1776, One Biscayne Tower
Miami, Florida 33131
Telephone: (305) 373-3016
Fax: (305) 373-6204
By: Eric C. Morales_______
ERIC CHARLES MORALES
FLORIDA BAR NO. 91875

Date: September 7, 2012