John Doe v. Royal Caribbean Cruises, Ltd. d/b/a Azamara Club Cruises

Lipcon, Margulies, Alsina & Winkleman, P.A

August 28, 2013

John Doe v. Royal Caribbean Cruises, Ltd. d/b/a Azamara Club Cruises

Complaint

In this case, a Plaintiff was injured while aboard a cruise ship tender. Our experienced maritime lawyers filed suit in the Southern District of Florida to ensure this passengers rights were protected.

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

v.

ROYAL CARIBBEAN CRUISES LTD.
d/b/a AZAMARA CLUB CRUISES and
XYZ CORPORATION(S),
Defendants.
/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff sues Defendants and alleges:

PRELIMINARY ALLEGATIONS

Plaintiff, JOHN DOE (“Plaintiff”), is a citizen of New York.

2.Defendant, ROYAL CARIBBEAN CRUISES LTD. d/b/a AZAMARA CLUB CRUISES, is a foreign corporation with its principal place of business in Miami, Florida.

3.Defendant, XYZ CORPORATION(S), is included to represent the owner(s) and/or operator(s) of the subject tender, insofar as such entity has a different name than the named Defendant herein, and/or in the event that discovery reveals any other entities are involved. XYZ CORPORATION(S) is (are) also used in a plural form. In the event that discovery reveals that additional entities, other than the named Defendant herein, contributed to the ownership, operation, management, maintenance and/or control of the subject tender, the legal names of the entities will be substituted for XYZ CORPORATION(S).

4.The matter in controversy exceeds, exclusive of interest and costs, the sum specified by 28 U.S.C. § 1332.

5.In the alternative, if diversity jurisdiction does not apply, then this matter falls under the admiralty and maritime jurisdiction of this Court.

6.Defendants, 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.Were 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 Defendants set out in this Complaint occurred in whole or in part in this county and/or state.
f.Defendants were engaged in the business of providing to the public and to the Plaintiff in particular, for compensation, vacation cruises aboard the vessel, the Azamara Journey.

Defendants are subject to the jurisdiction of the Courts of this state.

The causes of action asserted in this Complaint arise under the General Maritime Law of the United States.

At all times material hereto, Defendants owned, operated, managed, maintained and/or controlled the vessel, the Azamara Journey.

On or about September 10, 2012, Plaintiff was a paying passenger on Defendants’ vessel which was in navigable waters.

On or about September 10, 2012, Plaintiff was a passenger aboard a tender owned, operated, managed, maintained and/or controlled by Defendants, which was providing transportation between the cruise ship and the scheduled port of call.

On or about September 10, 2012, Plaintiff was severely injured due to the sudden and unexpected movement caused by the Defendants and/or their agents, servants, and/or employees.

COUNT I – NEGLIGENCE

Plaintiff realleges, adopts, and incorporates by reference the allegations in paragraphs one (1) through twelve (12) as though alleged originally herein.

It was the duty of Defendants to provide Plaintiff with reasonable care under the circumstances.

It was also the duty of Defendants to exercise a high degree of care in safely embarking and disembarking the passengers, including Plaintiff.

On or about September 10, 2012, Defendants and/or their agents, servants, and/or employees, breached the aforementioned duties to Plaintiff.

Plaintiff was injured due to the fault and/or negligence of Defendants, and/or their agents, servants, and/or employees as follows:
a.Failure to provide a safe means of access onto the tender; and/or
b.Failure to provide a safe means of embarking/disembarking the tender; and/or
c.Failure to provide a safe means of transportation between the cruise ship and ports of call; and/or
d.Failure to adequately secure the tender while passengers and crewmembers are embarking/disembarking; and/or
e.Failure to provide adequate handrails and/or grips in the tender; and/or
f.Failure to utilize devices to assist passengers and crewmembers to safely embark/disembark the tender; and/or
g.Failure to prevent passengers and crewmembers from stepping onto a moving tender; and/or
h.Failure to prevent passengers and crewmembers from jumping aboard and/or off the tender; and/or
i.Failure to provide adequate assistance to passengers and crewmembers embarking/disembarking the tender; and/or
j.Failure to provide an adequate number of crewmembers to assist passengers and other crewmembers in embarking/disembarking the tender; and/or
k.Failure to warn passengers (including the Plaintiff) of the dangers aboard the tender; and/or
l.Failure to warn passengers (including the Plaintiff) of sudden and/or unexpected movement aboard the tender; and/or
m.Failure to warn passengers (including the Plaintiff) of the dangers of maintaining hands and/or fingers outside of the tender; and/or
n.Failure to instruct passengers (including the Plaintiff) to maintain hands and/or fingers inside the tender at all times; and/or
o.Failure to instruct passengers and crewmembers on how to embark/disembark the tender in a safe manner; and/or
p.Failure to properly train crewmembers with regard to embarking/disembarking the tender in a safe manner and/or safely transporting passengers from ship to shore; and/or
q.Failure to properly supervise crewmembers with regard to embarking/disembarking the tender in a safe manner and/or safely transporting passengers from ship to shore; and/or
r.Failure to promulgate and/or enforce adequate policies and/or procedures with regard to having passengers and/or crewmembers safely embark/disembark the tender and/or safely transporting passengers from ship to shore.

All of which caused and/or contributed to the Plaintiff being severely injured due to the sudden and unexpected movement caused by the Defendants and/or their agents, servants, and/or employees.

At all material times, Defendants had exclusive custody and control of the vessel, the Azamara Journey, and/or the tender.

Defendants 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 Defendants, in the exercise of reasonable care under the circumstances, should have learned of them and corrected them.

19.As a result of the negligence of Defendants, 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 Defendants and demands trial by jury.

Dated this 28th day of August, 2013.
Respectfully submitted,
LIPCON, MARGULIES,
ALSINA & WINKLEMAN, P.A.
Attorneys for Plaintiff
One Biscayne Tower, Suite 1776
2 South Biscayne Boulevard
Miami, Florida 33131
Telephone No.: (305) 373-3016
Facsimile No.: (305) 373-6204

By: /s/ Jason R. Margulies
JASON R. MARGULIES

Florida Bar No. 57916