Ren v. Celebrity Cruises Inc et al

Filing 1

COMPLAINT Complaint against Celebrity Cruises Inc. and Royal Caribbean Cruises Ltd. against Teng Ren. Filing fee $ 350.00 receipt number 113C-3816472, filed by Teng Ren. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s))(Cleary, Sean)

IN THE UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA
CASE NO.:
TENG REN,
Plaintiff,
vs.
CELEBRITY CRUISES INC., a
foreign corporation, and
ROYAL CARIBBEAN CRUISES
LTD., a foreign corporation,
Defendants.
______________________________/
COMPLAINT
Plaintiff, TENG REN, sues Defendants, CELEBRITY CRUISES, INC. (referred
to herein as “CELEBRITY”) and ROYAL CARIBBEAN CRUISES LTD. (hereinafter
“ROYAL CARIBBEAN”), and alleges:
1.

This is a negligence action for damages in excess of $75,000.00, exclusive

of interest, costs, and attorney’s fees.
2.

Pursuant to 28 U.S.C. §1332, this Court has subject matter jurisdiction

because the amount in controversy exceeds $75,000.00, exclusive of interest, costs, and
attorney’s fees, and there is complete diversity of citizenship between the parties.
3.

Venue is appropriate in the Southern District of Florida because

CELEBRITY and ROYAL CARIBBEAN maintain offices and registered agents in
Miami-Dade County, Florida. Defendants are also subject to personal jurisdiction in this
District.

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4.

CELEBRITY is a foreign corporation, duly registered and authorized to

transact business in Florida, which has its principal place of business in and is engaged in
substantial business activities in Miami-Dade County and is subject to the jurisdiction of
this Court.
5.

This Court has personal jurisdiction over CELEBRITY pursuant to section

48.193, Florida Statutes, because Defendant has, at all times relevant to this cause of
action, through its agents, officers, distributors, and/or representatives:
Operated, conducted, engaged in, and/or carried on a
business venture in Florida and has an office in Florida;
Used, possessed, or held a mortgage or other lien on real
property within Florida; and/or
Engaged in substantial and not isolated activities within
Florida by maintaining stores, offices, employees,
distributors, and/or registered agents in Florida, selling
products in Florida, advertising products in Florida, or
entering into contracts in Florida.
Additionally, upon information and belief, pursuant to its travel document Defendant
submits itself to the jurisdiction of this Court.
6.

ROYAL CARIBBEAN is a foreign corporation, duly registered and

authorized to transact business in Florida, which has its principal place of business in and
is engaged in substantial business activities in Miami-Dade County and is subject to the
jurisdiction of this Court.
7.

This Court has personal jurisdiction over ROYAL CARIBBEAN pursuant

to section 48.193, Florida Statutes, because Defendant has, at all times relevant to this
cause of action, through its agents, officers, distributors, and/or representatives:
Operated, conducted, engaged in, and/or carried on a
business venture in Florida and has an office in Florida;

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Used, possessed, or held a mortgage or other lien on real
property within Florida; and/or
Engaged in substantial and not isolated activities within
Florida by maintaining stores, offices, employees,
distributors, and/or registered agents in Florida, selling
products in Florida, advertising products in Florida, or
entering into contracts in Florida.
Additionally, upon information and belief, pursuant to its travel document Defendant
submits itself to the jurisdiction of this Court.
8.

At all times material, Plaintiff, TENG REN, was a resident of China and a

paying passenger on the cruise ship, Legend of the Seas, which is owned and operated by
CELEBRITY and/or ROYAL CARIBBEAN, for a voyage scheduled to depart Shanghai,
China on or about March 26, 2011.
9.

At all times material, TENG REN was a business invitee of the

Defendants.
10.

On April 1, 2011, TENG REN was on board the Defendants' ship and was

attempting to engage in a rock climbing activity, which was owned, organized, staffed,
controlled, and operated by the Defendants.
11.

Due to the negligence of Defendants and their employees, agents, and/or

crew members, for whom Defendants are vicariously liable, TENG REN was dropped
approximately 10-12 or more feet onto the ship's deck while he was attempting to climb
down Defendants' rock climbing wall. Defendants' employee(s), agent(s), and/or crew
member(s) had a duty to provide support, supervision, safety, and belay1 for TENG REN.
Hereinafter, Defendants' employee, agent, and/or crew member, whose job it was to belay
1

Belay is a term which means to protect a roped climber from falling by passing a rope through, or around,
any type of friction enhancing belay device.

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TENG REN and provide TENG REN support via a rope while TENG REN was
attempting to descend the subject climbing wall will be referred to as ("Defendants'
belayer").
12.

Before TENG REN fell, Mr. REN did as he was instructed by Defendants'

employee(s), agent(s), and/or crew member(s).
13.

Specifically, TENG REN notified Defendants' belayer that he would like

to come down.
14.

Defendants' belayer then confirmed (to Mr. REN) that he would bring Mr.

REN down.
15.

Before TENG REN began rock climbing on April 1, 2011, Defendants'

belayer informed Mr. REN that he would always be watching and holding the rope and
that, while Mr. REN descended, the rope would be completely under Defendants'
belayer's control.
16.

However, without any warning to TENG REN, when Mr. REN was

approximately 10-12 feet or more above the ground, he began rapidly descending
uncontrollably and crashed onto the ship's deck, which caused him serious and permanent
injuries.
17.

As a result of this incident, Plaintiff suffered significant personal injuries

including a fractured ankle, which has already required one surgery to repair and which
will likely require at least one other surgery to remove the hardware already implanted in
Plaintiff's body.
18.

Further, as a result of this incident, Plaintiff required significant medical

care and treatment, and sustained additional damages.

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NEGLIGENCE – COUNT I
19.

Plaintiff repeats and realleges paragraphs 1 through 18 and further alleges:

20.

Defendants are vicariously liable for all acts of negligence committed by

their employees, agents, and crew members, which caused or contributed to this incident,
including but not limited to those persons who knew or should have known about,
inspected, and/or failed to inspect the equipment involved in this incident, and/or were
involved in any respect with causing or contributing to this incident.
21.

Defendants owed a duty to their passengers, in general, and Plaintiff in

particular, to use reasonable care and:
a)

provide a safe and non-hazardous activity;

b)

inspect the equipment involved in the subject incident;

c)

repair any problems or potentially hazardous or defective conditions with

the equipment involved in the subject incident;
d)

warn about any problems or potentially hazardous or defective conditions

with the subject rock climbing wall, equipment, and/or operation of the rock climbing
wall;
e)

watch TENG REN, as Defendants' represented they would, in a reasonable

manner;
f)

hold the rope in a reasonable manner;

g)

maintain control of the rope in a reasonable manner;

h)

operate the rope to prevent TENG REN from rapidly descending and/or

crashing onto the deck; and

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i)

prevent TENG REN from becoming injured while engaging in this

activity.
22.

Defendants breached their duty to the Plaintiff by negligently:

a)

failing to provide a safe and non-hazardous activity;

b)

failing to inspect the equipment involved in the subject incident;

c)

failing to repair any problems or potentially hazardous or defective

conditions with the equipment involved in the subject incident;
d)

failing to warn about any problems or potentially hazardous or defective

conditions of the subject rock climbing wall and equipment, and/or problems with the
operation of the rock climbing wall;
e)

failing to watch TENG REN, as Defendants' represented they would, in a

reasonable manner;
f)

failing to hold the rope in a reasonable manner;

g)

failing to maintain control of the rope in a reasonable manner;

h)

failing to operate the rope to prevent TENG REN from rapidly descending

and/or from crashing onto the deck; and
i)

failing to prevent TENG REN from becoming injured while engaging in

this activity;
j)

creating and/or allowing a dangerous condition(s) to exist on the subject

rock climbing wall or with its equipment;
k)

failing to ensure the safety of the Plaintiff; and

l)

other acts of negligence not yet discovered.

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23.

As a direct and proximate result of the Defendants’ negligence, Plaintiff,

TENG REN, sustained permanent personal injuries, resulting pain and suffering, medical
treatment

and

medical

expenses,

disability,

disfigurement,

mental

anguish,

inconvenience, loss of capacity for the enjoyment of life, significant out of pocket
expenses and economic losses, lost past earnings, lost ability to earn wages in the future,
loss of future earning capacity, and/or aggravation of a previously existing condition.
The losses are either permanent or continuing in nature and Plaintiff will suffer the losses
in the future and for the rest of his life.
WHEREFORE, Plaintiff, TENG REN, sues Defendants, CELEBRITY CRUISES
INC. and ROYAL CARIBBEAN CRUISES LTD., and demands compensatory damages
in an amount in excess of seventy five thousand dollars ($75,000), plus costs, pre and
post judgment interest and any other damages deemed appropriate and further requests
trial by jury on all issues so triable as of right by a jury.
COUNT II – NEGLIGENT HIRING AND RETENTION
24.

Plaintiff repeats and realleges paragraphs 1 through 18 and further alleges:

25.

At all times material hereto, Defendants owed a duty to Plaintiff to use

reasonable care in the hiring and retention of their employees, agents and ostensible
agents, including the crew, on board the subject vessel.
26.

At all times material hereto, Defendants owed a duty to Plaintiff to use

reasonable care in the operation of their business.
27.

At all times material hereto, Defendants are vicariously liable for the acts

and omissions of their employees, agents and ostensible agents, including the crew, on
board the subject vessel.

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28.

Defendants, by and through their employees, agents and ostensible agents,

including the crew on board the subject vessel, breached their duty of care to the Plaintiff
by committing one or more of the following negligent acts and/or omissions:
a)

failing to perform a thorough and proper background check on the

employees, agents and ostensible agents, including the crew on the subject vessel and, in
particular, Defendants' belayer;
b)

failing to investigate the employment history of the employees, agents and

ostensible agents, including the crew on the subject vessel and, in particular, Defendants'
belayer;
c)

failing to reasonably investigate the employees, agents and ostensible

agents, including the crew on the subject vessel and, in particular, Defendants' belayer;
d)

failing to ensure that each and every employee, agent and ostensible agent,

including the crew on the subject vessel, and, in particular, Defendants' belayer, was
qualified and fit to perform his or her job;
e)

retaining the employees, agents and ostensible agents, including the crew

on the subject vessel, and, in particular, Defendants' belayer, when Defendants knew or,
in the exercise of reasonable care, should have known that they were unfit to perform
their duties in a reasonable manner;
f)

retaining the employees, agents and ostensible agents, including the crew

on the subject vessel, and, in particular, Defendants' belayer, although they failed to
maintain proper safety regulations;

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g)

retaining the employees, agents and ostensible agents, including the crew

on the subject vessel, and, in particular, Defendants' belayer, although they failed to
adhere to Defendants’ policies and procedures;
h)

failing to enforce reasonable policies and procedures;

i)

failing to require that each employee, agent and ostensible agent, including

the crew on the subject vessel, and, in particular, Defendants' belayer, confirm that
he/she/they would safely perform their duties and advise passengers in a safe manner;
and/or
j)

were otherwise negligent in the hiring and retention of the persons

involved in the subject incident.
29.

As a direct and proximate result of the Defendants’ negligence, Plaintiff,

TENG REN sustained permanent personal injuries, resulting pain and suffering, medical
treatment

and

medical

expenses,

disability,

disfigurement,

mental

anguish,

inconvenience, loss of capacity for the enjoyment of life, significant out of pocket
expenses and economic losses, lost past earnings, lost ability to earn wages in the future,
loss of future earning capacity, and/or aggravation of a previously existing condition.
The losses are either permanent or continuing in nature and Plaintiff will suffer the losses
in the future and for the rest of his life.
WHEREFORE, Plaintiff, TEN REN, sues Defendants, CELEBRITY CRUISES
INC. and ROYAL CARIBBEAN CRUISES LTD., and demands compensatory damages
in an amount in excess of seventy five thousand dollars ($75,000), plus costs, pre and
post judgment interest and any other damages deemed appropriate and further requests
trial by jury on all issues so triable as of right by a jury.

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COUNT III – NEGLIGENT TRAINING AND SUPERVISION
30.

Plaintiff repeats and realleges paragraphs 1 through 18 and further alleges:

31.

At all times material hereto, Defendants owed a duty to Plaintiff to use

reasonable care in training and supervising their employees, agents and ostensible agents,
including the crew on board the subject vessel and, in particular, Defendants' belayer.
32.

At all times material hereto, Defendants owed a duty to Plaintiff to use

reasonable care in the operation of their business.
33.

At all times material hereto, Defendants are vicariously liable for the acts

and omissions of their employees, agents and ostensible agents, including the crew on
board the subject vessel and, in particular, Defendants' belayer.
34.

Defendants, by and through their employees, agents and ostensible agents,

including the crew on board the subject vessel, and, in particular, Defendants' belayer,
breached their duty of care to the Plaintiff, by committing one or more of the following
negligent acts and/or omissions:
a)

negligently operating the business;

b)

negligently training the employees, agents, and/or crew involved in the

subject incident and, in particular, Defendants' belayer, as well as those involved in the
supervision of the crew;
c)

negligently failing to train the employees, agents, and/or crew involved in

the subject incident and, in particular, Defendants' belayer, as well as those involved in
the supervision of the crew;
d)

negligently supervising the employees, agents, and/or crew involved in the

subject incident and, in particular, Defendants' belayer,;

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e)

negligently failing to supervise the employees, agents, and/or crew

involved in the subject incident and, in particular, Defendants' belayer, and/or
f)

other acts of negligence as may be discovered.

32.

As a direct and proximate result of the Defendants’ negligence, Plaintiff,

TENG REN sustained permanent personal injuries, resulting pain and suffering, medical
treatment

and

medical

expenses,

disability,

disfigurement,

mental

anguish,

inconvenience, loss of capacity for the enjoyment of life, significant out of pocket
expenses and economic losses, lost past earnings, lost ability to earn wages in the future,
loss of future earning capacity, and/or aggravation of a previously existing condition.
The losses are either permanent or continuing in nature and Plaintiff will suffer the losses
in the future and for the rest of his life.
WHEREFORE, Plaintiff, TENG REN, sues Defendants, CELEBRITY CRUISES
INC. and ROYAL CARIBBEAN CRUISES LTD., and demands compensatory damages
in an amount in excess of seventy five thousand dollars ($75,000), plus costs, pre and
post judgment interest and any other damages deemed appropriate and further requests
trial by jury on all issues so triable as of right by a jury.

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DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues so triable as a matter of right.
Dated: June 7, 2011.
Respectfully submitted,
LAW OFFICES OF SEAN M. CLEARY, P.A.
19 West Flagler St., Suite 618
Miami, Florida 33130
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
By: ________/s/_____________
SEAN M. CLEARY
Florida Bar No. 0146341

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