Mirta Bencomo v. Costa Crociere, S.P.A.

Filing

Opinion issued by court as to Appellant Mirta Bencomo. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.

Case: 11-15908

Date Filed: 08/02/2012

Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-15908
Non-Argument Calendar
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D.C. Docket No. 0:10-cv-62437-WPD

MIRTA BENCOMO,
llllllllllllllllllllllllllllllllllllllll

Plaintiff - Appellant,
versus

COSTA CROCIERE, S.P.A. COMPANY,
a foreign corp.,
d.b.a. Costa Cruise Lines,
llllllllllllllllllllllllllllllllllllllll

Defendant - Appellee.

________________________
Appeal from the United States District Court
for the Southern District of Florida
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(August 2, 2012)
Before MARCUS, WILSON and FAY, Circuit Judges.

Case: 11-15908

Date Filed: 08/02/2012

Page: 2 of 2

PER CURIAM:
Plaintiff, Mirta Bencomo, slipped on a puddle near the pool onboard the
Defendant’s cruise ship, the Costa Atlantica. Alleging various theories of
negligence, Bencomo sued Costa Crociere, S.P.A. Company (“Costa”). The
district court granted Costa’s motion for summary judgment. This is Bencomo’s
appeal.
After a review of the record and the parties’ arguments, we affirm.
Bencomo cannot establish that Costa had a duty to correct or warn passengers
about the allegedly dangerous condition because Costa did not have actual or
constructive knowledge of the puddle. See Keefe v. Bahama Cruise Line, Inc., 867
F.2d 1318, 1322 (11th Cir. 1989) (per curiam). Nothing in the record creates a
genuine dispute regarding this issue.
Affirmed.

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