Reit v. Celebrity Cruises, Inc.

Filing 1

COMPLAINT against Celebrity Cruises, Inc. Filing fee $ 350.00 receipt number 113C-3942304, filed by Julie Reit. (Attachments: # 1 Summon(s), # 2 Civil Cover Sheet)(Guilford, Michael)

UNITED STATE DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO:
JULIE REIT,
Plaintiff,
v.
CELEBRITY CRUISES
Defendants.
/
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
COMES NOW, the Plaintiff, JULIE REIT, ( “MS. REIT”) and sues the Defendants,
CELEBRITY CRUISES (“CELEBRITY”) and alleges as follows:
1.

This court has jurisdiction pursuant to Title 28 U.S.C. §1332.

2.

At all times material, MS. REIT was and is a citizen and resident of the State

of New Jersey.
3.

At all times material, CELEBRITY was and is a foreign corporation authorized

to do and is doing substantial business in Miami-Dade County, State of Florida with its
base of operations in Miami, Miami-Dade County, Florida, and principal place of business
located at 1050 Caribbean Way, Miami, Florida 33132.
4.

At all times material, CELEBRITY was and is doing substantial business in

Miami-Dade County, State of Florida, with its common ownership, management, and/or
operation of various passenger cruise ships out of the Port of Miami, Florida, and which
passenger cruise ships sailed to various ports with fare paying passengers such as MS.
REIT.
MICHAEL F. GUILFORD, P.A.
Court House Tower
44 West Flagler Street, Suite 750, Miami, Florida 33130
Telephone [phone] Facsimile [phone]

5.

CELEBRITY delivered to MS. REIT a contract ticket or contract of passenger

carriage for a cruise aboard CELEBRITY’s passenger cruise ship, the EQUINOX, which
required that all claims be brought exclusively in the United States District Court for the
Southern District of Florida.
6.

On or about August 2, 2010, MS. REIT was a fare paying passenger and

invitee aboard CELEBRITY’s passenger cruise ship, the EQUINOX. On this date, MS.
REIT was going down the stairs to get towels when she slipped and fell due to water on
the deck.
7.

CELEBRITY breached its duty to MS. REIT by failing to maintain this area

in a reasonably safe condition under the circumstances.
8.

CELEBRITY created the dangerous condition that resulted in MS. REIT’s

injury by conducting cleaning operations and then failing to dry the area and/or place
warning cones/signs and/or failing to cordon off the wet area and/or station a crew member
to warn individuals of the wet and slippery nature of the stairs and/or to prevent individuals
like MS. REIT from entering the cleaning area and getting hurt.
9.

On the date and time of her incident, it is believed that MS. REIT received

medical attention from the ship’s physician on board CELEBRITY’s passenger ship, the
EQUINOX, for which she has been charged.
10.

MS. REIT timely gave notice of this incident to crew and shipboard medical

personnel on the date of this incident, and MS. REIT has complied with all notices and
provisions of the passenger ticket contract and all conditions precedent to bringing this
action.
MICHAEL F. GUILFORD, P.A.
Court House Tower
44 West Flagler Street, Suite 750, Miami, Florida 33130
Telephone [phone] Facsimile [phone]

COUNT I
NEGLIGENCE
MS. REIT re-alleges the allegations of paragraphs 1 through 10, and further alleges:
11.

CELEBRITY, its agents, and/or employees had a duty to operate and

maintain its passenger cruise ship, the EQUINOX, in a reasonably safe condition under the
circumstances, and to warn of and correct any dangerous or defective conditions of which
CELEBRITY knew or should have known existed, or which it created, in or near the area
where MS. REIT was injured.
12.

At all times material, CELEBRITY, it agents, and/or employees owed a duty

of reasonable care under the circumstances to MS. REIT as a fare paying passenger
aboard CELEBRITY’s passenger cruise ship, the EQUINOX.
13.

CELEBRITY, its agents, and/or employees was/were negligent and breached

the duty of reasonable care under the circumstances owed to MS. REIT, in that it/they:
a.

Negligently failed to maintain, operate, and inspect the

stairs between decks 14 and 12insuring that it was reasonably
safe;
b.

Negligently failed to provide adequate assistance to

passengers such as MS. REIT in using the stairs;
c.

Negligently failed to warn MS. REIT about the presence

of a slippery liquid on the stairs, all of which was known to
and/or created by CELEBRITY;
d.

CELEBRITY, its agents and/or employees failed to have

MICHAEL F. GUILFORD, P.A.
Court House Tower
44 West Flagler Street, Suite 750, Miami, Florida 33130
Telephone [phone] Facsimile [phone]

in place warning signs to alert MS. REIT to the dangers posed
by the slippery liquid on the stairs;
e.

Negligently failing to provide prompt adequate and

reasonable medical care, resulting in severe exacerbation of
MS. REIT’s injuries;
f.

Negligently failed to properly train and/or supervise its

crew members and/or employees to properly maintain, and
inspect the stairs so that passengers like MS. REIT would not
be injured;
g.

Negligently failed to implement policies or procedures

regarding warning passengers of unsafe or dangerous
conditions on board;
h.

Negligently failed to properly train and supervise its

employees

and/or

crew

members

regarding

warning

passengers of unsafe or dangerous conditions on board;
I.

Negligently

failed

to

institute

safety

inspection

procedures to make sure that such above-described unsafe
conditions on said vessel, were discovered and made safe;
j.

Negligently failed to properly carry out safety inspection

procedures to make sure that such above-described unsafe
conditions for the vessel were discovered and made safe;
k.

Knew of the existence of said dangerous and defective
MICHAEL F. GUILFORD, P.A.
Court House Tower
44 West Flagler Street, Suite 750, Miami, Florida 33130
Telephone [phone] Facsimile [phone]

condition or, in the exercise of reasonable care, should have
known of the existence of said dangerous condition and failed
to remedy the dangerous condition;
l.

Knew of the existence of said dangerous and defective

above-described condition, or in the exercise of reasonable
care should have known of the existence of said dangerous
condition and failed to adequately repair/correct the dangerous
condition or to warn any and all passengers including MS.
REIT;
m.

Negligently created said above-described dangerous

and defective condition;
n.

Negligently failed to station a crew member in the area of the

wet deck to direct passengers and others out of the area, which failure
was in direct contravention of CELEBRITY’s on board operating
procedures; and,
o.

Negligently failed to erect warning cones or barricades which

would have prevented passengers and others from entering the area,
which failure was in direct contravention of CELEBRITY’s on board
operating procedures.
14.

At all times material, the defective dangerous condition was well known to

CELEBRITY, its agents and/or employees.
15.

The above -described incident and resulting severe and permanent injuries
MICHAEL F. GUILFORD, P.A.
Court House Tower
44 West Flagler Street, Suite 750, Miami, Florida 33130
Telephone [phone] Facsimile [phone]

to MS. REIT were a direct and proximate result of the negligence, and willful wanton
carelessness and recklessness of CELEBRITY, its agents and/or employees.
16.

As a direct and proximate result of CELEBRITY’s negligence as described

herein, MS. REIT sustained serious injuries, resulting in loss of function, pain and suffering,
disability, disfigurement, mental anguish, the expense of medical care and treatment,
possible aggravation of pre-existing medical conditions and loss of the capacity of
enjoyment of life, lost wages in the past and impairment of earning capacity in the future.
Additionally, MS. REIT lost the value of the monies paid for her cruise and/or carriage
aboard CELEBRITY’s passenger cruise ship, the EQUINOX. MS. REIT’s losses are
permanent and continuing in nature and she will suffer such losses in the future.
WHEREFORE, the Plaintiff, JULIE REIT, demands judgment against the
Defendants, CELEBRITY, for damages in an amount in excess of Seventy Five Thousand
Dollars, ($75,000.00), exclusive of interest and costs, punitive damages, pre and post
judgment interest and requests a trial by jury of all issues so triable.
W HEREFORE, PLAINTIFF, JULIE REIT, demands judgment against the

Defendants, CELEBRITY, for damages in an amount in excess of Seventy Five Thousand
Dollars, ($75,000.00), exclusive of interest and costs, punitive damages, pre and post
judgment interest and requests a trial by jury of all issues so triable.
DEMAND FOR JURY TRIAL
The MS. REITs hereby demand a trial by jury of all of the issues triable by right.
Dated this 26th day of July, 2011.
MICHAEL F. GUILFORD, P. A.
Attorneys for Plaintiff
MICHAEL F. GUILFORD, P.A.
Court House Tower
44 West Flagler Street, Suite 750, Miami, Florida 33130
Telephone [phone] Facsimile [phone]

Courthouse Tower - Suite 750
44 West Flagler Street
Miami, Florida 33130
Telephone [phone]
Facsimile [phone]
By:

/S/
MICHAEL F. GUILFORD
Florida Bar #516066

MICHAEL F. GUILFORD, P.A.
Court House Tower
44 West Flagler Street, Suite 750, Miami, Florida 33130
Telephone [phone] Facsimile [phone]