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


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

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Case: 11-15908 Date Filed: 08/02/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 11-15908 Non-Argument Calendar ________________________ D.C.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 ________________________ (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. 2

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